Lee Point / Binybara
Bulldozers, breaches and a broken system
Environmental destruction at Binybara/Lee Point continued despite clear warnings, community opposition, and legal interventions. This month, Defence Housing Australia (DHA) was fined for unlawfully clearing land at the site – but Traditional Owners and environmental defenders say the penalty is far from justice.
A year-long investigation by the federal environment department has confirmed what Traditional Owners and advocates have been saying all along – that bulldozing at Lee Point pushed beyond the legal boundaries.
DHA has been fined $18,780 for breaching its environmental approvals by clearing land outside of the permitted area at the Darwin site. This fine relates to unauthorised land clearing of around one hectare of savannah woodland in early May 2024.
This was habitat that is home to endangered species like the Gouldian Finch and holds profound cultural significance for Larrakia people.
Despite the breach, DHA claims the infringement “does not affect the validity” of its environmental approvals, and the development is continuing.
“A slap on the wrist”
The project – a sprawling 700-lot housing development for defence personnel and the public – has faced strong opposition from environmentalists and Larrakia Danggalaba Traditional Owners, who have repeatedly raised concerns about habitat destruction, cultural heritage loss, and breaches of due process.
Environment Centre NT’s Executive Director Kirsty Howey called the fine “a slap on the wrist” and “a clear sign of how broken our environmental laws are”.
Environment Centre NT’s Executive Director Kirsty Howey calls the fine “a slap on the wrist” and “a clear sign of how broken our environmental laws are.”
What's next?
DHA is now preparing tenders for the next stage of the development, while EJA’s clients consider their legal options. In the meantime, DHA continues to assert that it is complying with the law – even as its actions tell a different story.
On behalf of Larrakia Danggalaba Elder Tibby Quall from the Batcho family, EJA first advocated to protect this precious site under Commonwealth legislation: the Aboriginal and Torres Strait Islander Heritage Protection Act, in June 2023.
Despite evidence from Elders and expert witnesses, the then-federal Environment Minister refused to make a declaration protecting the area. Since then, ancient trees and sacred land at Binybara/Lee Point have remained under threat.
Mr Quall has again engaged EJA to advocate for the protection of cultural artefacts at Binybara/Lee Point under the Northern Territory’s Heritage Act. This matter is currently before the Northern Territory Civil and Administrative Tribunal.
The DHA fines serve as yet another example of how Australia’s environmental laws are failing to protect Country, culture, and climate. Without appropriate reform of our national environment laws, unchecked habitat destruction can occur, often at irreversible cost.
For First Nations communities, this is more than policy failure – it’s cultural erasure.
Environmental Justice Australia will continue to stand with clients, communities and Traditional Owners in the fight for accountability, cultural heritage protection and systemic reform.
