Save Binybara/
Lee Point
Aboriginal cultural heritage
Bulldozers have begun destroying old-growth trees at Binybara/Lee Point to make way for a multi-million-dollar housing development by Defence Housing Australia.
The destruction follows the refusal by Australia's Environment Minister Tanya Plibersek to make a declaration under the Aboriginal and Torres Strait Islander Heritage Protection Act to protect the area from injury or desecration.
At a glance
Traditional Owners considering legal options
On behalf of Larrakia Danggalaba Traditional Owner Tibby Quall from the Batcho family, Environmental Justice Australia lawyers lodged an application in June 2023 to stop the Defence Housing Australia bulldozing vital woodland savanna at Binybara/Lee Point in Darwin, under the Aboriginal and Torres Strait Islander Heritage Protection Act.
Australia's Environment Minister, Tanya Plibersek, was asked to complete a due diligence assessment to determine whether Aboriginal cultural heritage is present in the 132-hectare site and the risk of it being damaged by the development.
Defence Housing Australia made the decision to voluntarily stop work at Binybara/Lee Point until 31 March 2024 while the application was being assessed.
Elders and other experts made representations about the significance of the area, but Environment Minister Tanya Plibersek has not listened to their voices and on 21 March 2024 the Minister refused to declare that Binybara/Lee Point is a significant Aboriginal area.
On behalf of Mr Quall, lawyers from Environmental Justice Australia are calling on DHA to pause land clearing works while Traditional Owners consider their legal options.
Aboriginal cultural heritage
Larrakia Danggalaba Traditional Custodians Tibby Quall believes the development will desecrate a significant Aboriginal area containing both tangible and intangible Aboriginal cultural heritage.
“This is the only place left close to Darwin where we can teach the next generation about the history and culture of Larrakia people. Once it’s gone, it’s gone.”
Larrakia Traditional Owner Lorraine Williams
"We are concerned that the Minister hasn’t listened to what Larrakia Traditional Owners, Elders and experts have said about the significance of this area.
The system is geared towards approving development and decision makers are failing miserably when it comes to protecting First Nations’ culture and heritage.
Our client is considering all legal options and is calling on DHA not to proceed with the development.“
Danya Jacobs, EJA Special Counsel
