Document ID: chunk:federal_register_of_legislation:F2016L00002:front:0:p43
Version: federal_register_of_legislation:F2016L00002
Segment Type: other
Provision Reference: 
Character Range: 126253–129187

to rock art sites, there are several other kinds of sites and areas within the park that are important to Bininj/Mungguy and reflect and express their cultural beliefs and practices. They include areas that relate to the activities that took place during the creation era and the travels of Nayuhyunggi (Gundjeihmi language), the first people. They may also include occupation and ceremonial sites, and the walking routes that old people travelled as they moved through country.

For the Jawoyn people in the south of the park, Buladjang, or 'Sickness Country', is a particularly important area because the essence of Bula, a major figure associated with the creation era, is located within it. Sickness Country extends over 2,000 square kilometres and coincides with high concentrations of uranium, thorium, arsenic, mercury, fluorine and radon in the water and air, which are leached from rocks in the region. Jawoyn believe that if Bula is disturbed the results will be catastrophic for all.

   'Some of these places are very powerful and dangerous. If they are disturbed bad things can happen.'

Traditional owner

Many sites contain physical evidence of the old people living and working in the area in the distant and recent past such as scatters of stone artefacts, shell middens, earth mounds, scarred trees, grinding grooves, quarries (including ochre quarries), burial sites, and stone and bone arrangements. Research indicates occupation of the region dating from around 50,000 to 60,000 years ago, and archaeological sites provide a record of cultural tradition and reflect how Bininj/Mungguy have managed the country over this time. An Australian National University research project being conducted in 2013–2014 is exploring landscape and cultural change on the South Alligator floodplain.

   'The highest responsibility for Bininj is to look after these sites and it should go down from generation to generation.'

Traditional owner

Under Bininj/Mungguy cultural practices, strict rules and protocols govern access and use of some sites, especially those considered dangerous. Restrictions vary between sites and may be based on a person's social position and knowledge of ceremonies and rituals relevant to the place. Access to some sites is restricted in accordance with these practices, while access to Sickness Country is governed by the Gunlom Land Trust Sickness Country Protocols.

A register of sites of special significance to Bininj/Mungguy has been established in consultation with Bininj/Mungguy, the AAPA and the Northern Land Council. The Land Rights Act and the Northern Territory Aboriginal Sacred Sites Act 1989 (Sacred Sites Act) provide formal legal protection for sacred sites, defined as sites that are sacred to Aboriginals or otherwise of significance according to Aboriginal tradition. The Sacred Sites Act applies in relation to Kakadu except to the extent that it is inconsistent with the