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Lee Point
A legal intervention to stop Defence Housing Australia from bulldozing Aboriginal cultural heritage
On behalf of Traditional Owner Tibby Quall from the Batcho family, Environmental Justice Australia lawyers lodged an application to stop the landclearing at Lee Point in Darwin, under the Aboriginal and Torres Strait Islander Heritage Protection Act.
Cultural heritage application refused
Traditional Owners are devastated by the Albanese Government's decision to allow a controversial development at Lee Point in Darwin to proceed, which they say will desecrate a significant Aboriginal area.
Defence Housing Australia (DHA) wants to bulldoze Aboriginal cultural heritage to deliver its multi-million-dollar Lee Point residential development, 17 kilometres from Darwin.
In 2023, Danggalaba leaders won a long-term pause on works that risk destroying Aboriginal cultural heritage at Lee Point – Binybara in Darwin.
Traditional Owners considering legal options
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 await the reasons for the Minister's decision and 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.
Mr Quall argues the relevant Northern Territory laws do not provide effective protection of the Aboriginal cultural heritage at Lee Point.
“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.
A blockade quickly formed at the site, with concerned locals locking on to equipment to stop the destruction of some of the last old-growth trees left in Darwin
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
