Senior Larrakia man Tibby Quall has been fighting for land and cultural rights his whole life. And now the traditional owner and elder of the Danggalaba Kulumbirigin clan has launched a legal challenge to a controversial development at Binybara/Lee Point, near Darwin.
Mr Quall has filed a case against the Northern Territory government’s Heritage Council, saying it failed to consult him when it approved the unearthing and removal of ten Aboriginal heritage objects – including a grindstone and quartz spear tips - at the site of the housing development.
In his legal challenge, prepared by Environmental Justice Australia and lodged in the Northern Territory Civil and Administrative Tribunal, Mr Quall says he was not consulted about the decision even though he was responsible for alerting both the council and Department of Housing Australia (DHA) to the presence of sacred sites and cultural heritage within and around the area in question.
‘It’s devastating for developers to do anything because it’s one of our most sacred areas, part of our laws and customs that we hold. It’s a disgrace,’ Mr Quall says.
‘They want the land for development, which doesn’t make sense to me. It’s a place of heritage and culture, it’s used twenty-four-seven by Darwin people for their excursions. I didn’t have an opportunity to say anything about that. They just ignored me.’

'It’s one of our most sacred areas, part of our laws and customs that we hold
Larrakia Danggalaba Traditional owner Tibby Quall
No Consultation
Lee Point is a peninsula north of Darwin where DHA (a Commonwealth statutory authority) plans to build a controversial multi-million-dollar housing development. It is a culturally significant part of Larrakia Country, and a popular leisure spot for Darwin’s families, birdwatchers and bushwalkers.
In October 2024, the Heritage Council approved a request from DHA to undertake works that would ‘disturb and remove’ ten Aboriginal archaeological objects at Lee Point. Following this approval, a grindstone, quartz flakes and spear tips were found, and removed, by DHA. They are currently in storage until a Larrakia cultural centre is established.
Mr Quall says he was not consulted about the decision even though he was responsible for alerting both the Heritage Council and Department of Housing Australia (DHA) of the presence of sacred sites and cultural heritage within the area. And he’s concerned the works approved by the Heritage Council have led to damage or disturbance of Aboriginal cultural heritage at the site.
Environmental Justice Australia senior lawyer Kip Frawley says the rights of traditional owners to be consulted about matters that affect their Country are central to this case.
‘This is about our client’s right to protect sacred sites and the cultural and natural heritage of Binybara and its surroundings,’ Frawley says.
Unfair
As a traditional owner, Mr Quall says he should have been involved in, and consulted about, this decision as an ‘affected person’, as defined under the Heritage Act and or under common law rules of procedural fairness and natural justice.
In court, he will argue the Heritage Council's decision was unlawful because it failed to afford him procedural fairness and natural justice and failed to decide the matter according to the requirements of heritage laws. He will also say the council was wrong to decide that the objects located at Binbyara were of "low significance".
Mr Quall has asked that the tribunal determine that the Heritage Council’s decision was unlawful or wrong, and for it to be reversed. He wants the heritage objects returned to the locations where they were found, under his supervision. While the case is underway, he has asked for undertakings that no further clearing be allowed at Binybara.
Bulldozers at Binybara
Larrakia Danggalaba people have cared for this area for thousands of years and its woodlands have been home to hundreds of bird species, including the endangered Gouldian finch. Lee Point has also been a popular leisure spot for Darwin’s families, birdwatchers and bushwalkers.
In April 2024, bulldozers moved in and started to destroy a swathe of these woodlands, including old-growth trees, to make way for a multi-million-dollar housing development by Defence Housing Australia, a Commonwealth government agency.
Land clearing or land disturbing work (other than site maintenance) is not currently being carried out and is not expected to continue until the end of the wet season
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