Chief Executive Officer, Aboriginal Areas Protection Authority v Director of National Parks & Anor

The Chief Executive Officer of the Aboriginal Areas Protection Authority (the Authority) brought proceedings against the Director of National Parks and the Minister for the Environment and Water (the respondents). The dispute concerned the Authority's power to issue or refuse an 'excavation permit' under the *Northern Territory Aboriginal Sacred Sites Act 1989* (NT) for works proposed within the Uluru-Kata Tjuta National Park. The High Court of Australia was required to determine whether the Authority's power to issue or refuse such a permit was abrogated by the *Environment Protection and Biodiversity Conservation Act 1999* (Cth) (EPBC Act).

The central legal issue was whether the EPBC Act, which provides a framework for the protection of matters of national environmental significance, implicitly or explicitly displaced the operation of the NT Act in relation to the proposed works within the Uluru-Kata Tjuta National Park. Specifically, the Court had to consider the interaction between the EPBC Act's approval process for actions likely to have a significant impact on a matter of national environmental significance and the Authority's statutory role in protecting Aboriginal sacred sites.

The High Court held that the EPBC Act did not abrogate the Authority's power to issue or refuse an excavation permit. The Court reasoned that the EPBC Act establishes a regime for environmental protection that is distinct from, and does not override, the specific protections afforded to Aboriginal sacred sites under Northern Territory legislation. The Court emphasised that the EPBC Act's framework for assessing environmental impacts does not encompass the unique cultural and spiritual significance of sacred sites, which are protected by the NT Act. The Court found no inconsistency between the two legislative schemes, concluding that the Authority retained its statutory authority to regulate activities affecting sacred sites within the park.