Facing a $220,000 fine, Ausgrid hit with $4690 penalty plus costs Paul Morris and Collin Davison from the Metropolitan Local Aboriginal Land Council inspect the damage to the rock carving in Cromer. Ausgrid has escaped a major penalty after a "very junior employee" mistakenly approved the destruction of an indigenous rock engraving on Sydney's northern beaches. Justice Rachel Pepper found there was little evidence of the significance of the engraving at Cromer, which was destroyed by contractors more than two years ago. The prosecution is the first of its kind under 2011 amendments to the National Parks and Wildlife Act, which substantially increases penalties for such offences. Ausgrid was facing a maximum fine of $220,000 after it pleaded guilty to the damage in the Land and Environment Court but was instead fined $4690. It was also ordered to pay the Office of Environment and Heritage's costs of $36,000, and place a notice in two newspapers. An "extremely disappointed" Metropolitan Local Aboriginal Land Council said the judgment signalled to developers that they would only receive a "slap on the wrist" for destroying aboriginal heritage. It is investigating avenues for appeal. The engraving of a footprint, a ""mundowie"" marking an important cultural route of the Garigal people, was first catalogued in 1979 and was believed to be hundreds of years old. Contractors unwittingly smashed through it in 2010 after a "very junior" Ausgrid environmental officer "with minimal experience in assessing environmental impact assessments" mistakenly thought the excavation works were taking place down the other side of Orlando Road. About half of the engraving was damaged before the contractors realised what it was. In her judgment handed down this week, Justice Pepper noted there was evidence the damage to the engraving had caused considerable harm to the national indigenous and non-indigenous community. She noted the evidence of archaeologist Fran Scully that "a tangible link to the past had been substantially eroded, if not obliterated." But the judge also found there was limited evidence on the specific significance of the rock engraving in question, which was covered in leaves and dirt and not protected by a fence. "No conclusion may be confidently drawn as to the extent of the importance and the cultural, social and historical value of this object," she said. The harm caused to the engraving was therefore moderate, the judge said. The finding was not meant in any way to diminish the significance of the engraving to the Aboriginal people of the area, she added. Justice Pepper noted that although the damage had been a foreseeable consequence of the work, Ausgrid had shown remorse for the "innocent mistake" and had no previous convictions. Ausgrid chief operating officer Trevor Armstrong had "unreservedly apologised" for the error, which he said had led to changes in the way it verified and assessed such projects. But Metropolitan Local Aboriginal Land Council acting chief executive Clare McHugh said proponents risked bigger fines for digging up an electrical cable. "In determining this one the judge has set the bar very low for the new laws," Ms McHugh said. It sends a strong message to proponents and developers that even a weak attempt at avoiding harming an Aboriginal heritage item will serve as an appropriate defence and will attract a minimal fine for the destruction of Aboriginal heritage items. The Office of Environment and Heritage, which did not intend to appeal the decision, noted the decision took in Ausgrid's co-operation, its early guilty plea and its remorse. ""There are 113 rock engraving sites in the Northern Beaches area and companies like Ausgrid are aware of their locations and have legal obligations to protect objects of Aboriginal heritage,"" its chief executive Sally Barnes said. "I acknowledge that Ausgrid pleaded guilty to this offence and cooperated during the investigation, however the incident should never have occurred in the first place.""