A senior traditional owner has filed a legal challenge against the Northern Territory government’s heritage body, saying it failed to consult him when it approved the unearthing and removal of cultural artefacts at the site of a controversial housing development at Binybara/ Lee Point near Darwin.  

Tibby Quall, a senior Larrakia elder of the Danggalaba Kulumbirigin clan, filed the legal challenge against the Heritage Council for failing to consult with him when it allowed the developer to ‘disturb and remove’ ten Aboriginal archaeological objects – including a grindstone and quartz spear tips - at Lee Point.  

In his legal challenge, filed by Environmental Justice Australia in the Northern Territory Civil and Administrative Tribunal (NTCAT), Mr Quall says he was not consulted about the decision even though he was responsible for alerting both the Heritage Council and Defence Housing Australia (DHA) to the presence of sacred sites and cultural heritage within and around the area in question. 

Tibby Quall, senior Larrakia elder of the Danggalaba Kulumbirigin clan, says:  

‘They did a real bad thing already on Lee Point by devastating the area completely, leaving it as barren land...trees knocked down. It takes away our heritage and culture, our knowledge that we have had for thousands for years.’ 

‘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.’ 

‘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.’ 

‘Our goal is to save whatever we can of our country. And save it for the population of Darwin – this environment which they like to share.’ 

Images of Tibby Quall for media use can be found here  

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. Those objects included, among others, a grindstone and quartz flake spear tips which were subsequently removed from the area. Our client understands that they are currently in storage with the Larrakia Development Corporation 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: 

‘Central to this case are the rights of Traditional Owners to be consulted about matters that affect their Country.’  
‘This is about our client’s right to protect sacred sites, together with the cultural and natural heritage of Binybara and its surrounds.’ 

Unfair process 
Mr Quall is a Traditional Owner of the land in question. He says he should have been involved in, and consulted about, this decision as an ‘affected person’, as defined under the Heritage Act, as well as under common law rules of procedural fairness and natural justice. 

At the tribunal, Mr Quall will argue the Heritage Council's decision was unlawful because it failed to afford him procedural fairness and natural justice. He will also argue it failed to decide the matter according to the requirements of the Territory’s heritage laws. The council was wrong to decide that the objects located at Binbyara were of "low significance", he will tell the tribunal. 

Unlawful decision 
Mr Quall has asked that the tribunal determine the Heritage Council’s decision was unlawful or wrong, and for it to be set aside. He wants the heritage objects returned to the locations where they were found, under the supervision of Larrakia Traditional Owners. While the case is underway, he has asked both the Heritage Council and DHA for undertakings that no further clearing be allowed at Binybara. 

Bulldozers at Lee Point 

Lee Point is a peninsula north of Darwin, edged by the pale blue waters of the Arafura Sea and the city’s northern suburbs.   

Larrakia 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 authority.   

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