Legal win halts Lee Point land clearing
Turning point in fight to protect Binybara
A place of deep cultural, ecological and community significance has won a vital reprieve.
Walk the winding tracks of Binybara/Lee Point and you’ll feel it, the deep presence of the place. Here on Larrakia land, ancient woodlands meet coastal mangroves, and pandanus and palms cluster along sandy trails. The warm air carries the calls of rare birds, and saltwater scents drift inland from the sea. This is Northern Territory savanna in its richest form, a living landscape where law, lore and identity are held.
Binybara is more than beautiful, it is sacred. For Larrakia people, it is a place of deep cultural meaning, where sites of creation and connection remain part of everyday life. It is here that Larrakia elders teach younger generations about land, plus the stories that sustain it. And it is here that our client is running an important case to protect what remains, against a housing development that threatens to irreversibly damage both culture and Country.
Last week, in a landmark decision, the Northern Territory Civil and Administrative Tribunal (NTCAT) ordered that no further land clearing can take place at Binybara/Lee Point while a legal challenge – brought by Senior Larrakia Danggalaba Elder and Traditional Owner Tibby Quall – is heard.
This halts Defence Housing Australia’s (DHA) controversial development of the site and ensures interim protection for this living cultural landscape on Larrakia Country, a place where sacred sites, endangered species and ancient woodlands remain at risk.
And for Mr Quall, the case is about far more than a legal fight, it is about justice for culture and Country.
— Senior Larrakia Danggalaba Elder and Traditional Owner Tibby Quall.
“An acknowledgment like this from the Tribunal is really strong. Our culture and this case will remain, for our children in the future, their children – they will have something.”
A fight for cultural rights
Since 2017, Mr Quall has raised the alarm about cultural heritage and sacred sites at Binybara/Lee Point. Yet the NT Heritage Council approved the removal of 10 Aboriginal artefacts – including a grindstone and other cultural objects – without consulting him or other senior Larrakia Traditional Owners.
The case before the Tribunal seeks to overturn that decision and ensure the cultural objects are returned under Larrakia supervision.
Importantly, the Tribunal’s preliminary ruling found that Mr Quall, as a senior Larrakia person, is an owner of cultural artefacts under the NT’s Heritage Act. In doing so, it rejected arguments from DHA and the Heritage Council that Mr Quall lacked legal standing and rejected that the objects were of “low archaeological significance”.
This is the first time in the Territory that Traditional Owners have been formally recognised as owners of cultural artefacts on Country under the Territory’s Heritage Act.
Landmark decision exposes flawed process
The Tribunal found the consultation process was ‘flawed’, that the Heritage Council failed to recognise the site’s cultural and archaeological significance, and that it did not meet legal requirements.
No explanation was given for the failure to consult Mr Quall, despite his long-standing efforts to protect Binybara/Lee Point.
“Our client has been clear since he first objected to this development in 2017: this is Larrakia Country and the sacred sites and cultural artefacts on Larrakia Country belong to them, and to the land,” says Environmental Justice Australia senior lawyer Kip Frawley.
“This case is about Traditional Owners being properly consulted about matters that affect their Country. ”
— Environmental Justice Australia senior lawyer Kip Frawley
Community standing strong
This injunction is a major milestone in the long-running Larrakia-led campaign to protect Binybara/Lee Point.
In 2023, a community blockade drew national attention to the risks facing the site. Despite this, the threat from DHA’s housing development remained.
Earlier this year, DHA was fined $18,780 for illegally clearing land at Lee Point – adding to concerns about its disregard for cultural and ecological values. The developer is also yet to satisfy all conditions of its environmental approval under the federal Environment Protection and Biodiversity Conservation Act.
For many across Garramilla/Darwin, this legal decision offers renewed hope, and a reminder that community solidarity and determined legal action can open pathways to justice.
“The old people would be very happy and very sympathetic to land rights and cultural rights. It’s a big thing for Larrakia people to win a case about land, especially around our sacred areas.”
— Senior Larrakia Danggalaba Elder and Traditional Owner Tibby Quall.
Why this case matters
Binybara/Lee Point is not simply a development site, it is a living cultural landscape. Its ancient woodlands, sacred sites and cultural artefacts are integral to Larrakia lore and identity.
Removing artefacts without Traditional Owner consent is a rupture of cultural continuity – one that threatens the intergenerational transmission of knowledge and connection to Country.
The Tribunal’s decision to allow Mr Quall’s case to proceed, and to halt further work at the site, is an important acknowledgment of this truth.
The road ahead
While the injunction provides crucial interim protection, our client’s case about Binybara/Lee Point is far from over.
The Tribunal has indicated it plans to refer the decision back to the NT Heritage Council, subject to conditions and directions. Mr Quall and his legal team are considering next steps, with the matter next listed for directions in August 2025.
In the meantime, the case stands as a powerful example of how legal systems, though often stacked against First Nations people, can be used to assert cultural rights and protect Country.
As governments across Australia review heritage laws, this case will have wide relevance. It will test whether words about ‘respecting Country’ are matched by real action – and whether legal protections will be meaningfully enforced.
For now, with the site safe and an Elder’s voice has been heard, there is cause for hope – and for renewed determination.
