Save Binybara
Lee Point
Aboriginal cultural heritage
Bulldozers have begun destroying old-growth trees at 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.
On behalf of Danggalaba Traditional Owner Tibby Quall of the Batcho family, lawyers from Environmental Justice Australia have now written to the Aboriginal Areas Protection Authority seeking registration of sacred sites at Binybara - Lee Point
At a glance
Sacred sites application
The application states that there are sacred sites within and encompassing the
development area that should be protected under the NT Sacred Sites Act, including
the Danggalaba Dreaming track, a sacred waterway and traditional camping places and ceremonial grounds.
The Aboriginal Areas Protection Authority has been asked to confirm that DHA will
‘pause’ works while the investigation is undertaken.
Mr Quall is also seeking an urgent meeting with the Aboriginal Areas Protection
Authority to discuss his application and an investigation into tangible Aboriginal
heritage within the area.
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 Lee Point/Binybara 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 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 Lee Point is a significant Aboriginal area.
Larrakia Danggalaba Traditional Owners are considering all legal options and have vowed to continue the fight to protect Lee Point from bulldozers.
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
The campaign
The long-running campaign from the Environment Centre Northern Territory and Traditional Custodians escalated when Environment Minister Tanya Plibersek approved a project proposed by Defence Housing Australia, despite acknowledging the project would impact the endangered Gouldian finch.
Whether online or in person, the community rallied to stop the bulldozers destroying a place that has been cared for by Larrakia Danggalaba Traditional Custodians for thousands of years.
"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
