Gem hunter gets suspended jail term over damage to NT sacred site

A Queensland gemstone dealer has become the first person sentenced to imprisonment under the Northern Territory’s Aboriginal sacred sites laws, after illegally mining more than eight tonnes of turquoise‑rich ore from a registered sacred site on Ammaroo Station.

Darwin Local Court heard that Kimberley Smith and her business partner had an exploration licence for the historic Tosca mine, about 320 kilometres north‑east of Alice Springs, but were required to obtain further approvals before carrying out works or selling minerals. Despite being provided with maps showing the boundaries of the Putyenge sacred site, Smith organised for a 25‑tonne excavator and a crew to dig out ore in June and August 2022.

The court was told that high‑grade turquoise from the site was later offered for sale in Australia, the United States and China, with some material fetching up to $1,000 per kilogram. Judge Greg Macdonald said even a conservative estimate suggested potential revenue well above $100,000, describing the offending as “deliberate” and “blatant”.

Smith pleaded guilty to three charges (including working on a sacred site and breaching her exploration licence) and was sentenced to four months in prison, suspended immediately for 18 months. She was also fined $28,000 and banned from entering the Northern Territory for 18 months. Charges against her husband Scott Smith were withdrawn due to serious health issues.

The Aboriginal Areas Protection Authority (AAPA), which enforces the Northern Territory Aboriginal Sacred Sites Act, welcomed the outcome. Chair Bobby Nunggumajbarr said the turquoise removed from the hillside “was part of the story of that place” and that those involved “knew they were on a sacred site and brought in excavators and dug it up”.

AAPA says this is the first time a court has imposed a custodial sentence (even if suspended) for damaging a sacred site in the Territory and hopes the decision sends a strong deterrent message to miners, prospectors and collectors.

The case also highlights ongoing tensions between mineral exploration and cultural heritage protection. Recent federal and Territory reviews, prompted in part by the destruction of Juukan Gorge in Western Australia in 2020, have stressed the need for stronger consent processes and enforcement powers to uphold the rights of Traditional Owners.