CASE UPDATE
What just happened at Binybara/Lee Point?
A decision affecting Larrakia cultural heritage at Binybara/Lee Point has been reaffirmed, despite a previous Tribunal finding that the process behind it was flawed.
On Thursday, April 16, the Northern Territory Heritage Council confirmed an approval allowing Defence Housing Australia (DHA) to remove Larrakia cultural artefacts from Binybara.
While this decision maintains the status quo, it is not the final word. The case is now moving back before the Tribunal, where the next phase of proceedings will begin.
For our client Tibby Quall, a senior Larrakia elder of the Danggalaba Kulumbirigin clan, the focus is now on what comes next. A Tribunal hearing is scheduled for August 2026.
What’s at stake at Binybara
Binybara, also known as Lee Point, is a place of deep cultural significance for Larrakia people.
The area contains important cultural artefacts and heritage values that connect Larrakia Traditional Owners to Country, law and identity. The cultural artefacts at the heart of this case are not merely relics of history, they are part of a living culture.
A major housing development proposed by DHA has put this heritage at risk, raising serious concerns about whether existing laws are strong enough to protect it.
How this case began
Mr Quall brought legal action in the Northern Territory Civil and Administrative Tribunal (Tribunal), challenging the Heritage Council’s decision to grant DHA a work approval under the NT Heritage Act.
In June 2025, the Tribunal found that the Heritage Council’s decision-making process had been flawed. This included problems with how it consulted on, and assessed the cultural significance of, the artefacts and the project site.
This finding was significant. It acknowledged that the system meant to protect Larrakia heritage had not worked as it should.
The latest decision + what next
Following that ruling, the Tribunal invited the Heritage Council to reconsider its decision.
On 16 April 2026, the Council completed that reconsideration. It confirmed its original decision, again granting DHA approval to carry out works that would remove Larrakia cultural artefacts at Binybara.
For our client Tibby Quall, a senior Larrakia elder of the Danggalaba Kulumbirigin clan, the focus is now on what comes next.
The Tribunal will ultimately decide whether the Heritage Council’s approval should stand. This next stage will be critical for determing how Larrakia cultural heritage at Binybara is assessed and protected under Northern Territory law.
Why this case matters
This case raises broader questions about the strength of Australia’s cultural heritage protections and the role of community-led legal action in holding decision-makers to account.
When development pressures collide with the protection of First Nations heritage, communities need processes that are fair, thorough and grounded in respect for Country. The Tribunal previously found that the Heritage Council’s original process fell short. The question now is whether that will be meaningfully addressed, or whether the same outcome will stand.
Mr Quall’s case shows how Traditional Owners are using the law to challenge decisions that affect their Country and culture, and to push for stronger, more accountable systems.
As the case moves towards a final determination, EJA will continue to represent Mr Quall and share updates on what comes next.
