Tonight’s 7.30 program on the ABC revealed that hectares of ancient woodland at Lee Point, north of Darwin, have been illegally cleared to make way for controversial multi-million-dollar housing development by Defence Housing Australia, a Commonwealth government agency.
The Defence agency has been forced to pause land clearing after the Environment Centre NT and Larrakia Danggalaba Traditional Owner Tibby Quall, represented by Environmental Justice Australia, raised the alarm on unlawful land clearing.
The Northern Territory government told 7.30 that Defence Housing Australia had bulldozed stage two of the project without key environmental approvals. For now, the housing project remains paused.
Environmental Justice Australia special counsel Danya Jacobs, says:
“The shocking destruction of 400-year-old habitat for the endangered Gouldian finch and other unique species at Lee Point comes at the same time that bills to reform our national environment laws are being scrutinised by a Senate inquiry.”
“Our lawmakers can make crucial changes right now to protect critical habitat for species hurtling toward extinction. They can fix the gaping holes in our environment laws that allow the kind of senseless destruction we’ve seen at Lee Point.”
“Experts have identified at least five other Darwin sites that would provide a better lifestyle and avoid irreversible environmental damage. Why won’t the government consider them?”
Bulldozers at Lee Point
Lee Point is a forested peninsula north of Darwin, edged by the pale blue waters of the Arafura Sea and the city’s northern suburbs.
Larrakia Danggalaba people have cared for this area for thousands of years and its woodlands are 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, 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.
Community outcry
This deforestation was opposed by traditional custodians, and many in the local community with many people rallying in person and online to stop the destruction of this special place.
Last year, Larrakia Danggalaba Traditional Owner Tibby Quall applied to Minister Plibersek, with support from Environment Justice Australia lawyers, to make a declaration under the Aboriginal and Torres Strait Islander Heritage Protection Act to protect the area from injury or desecration. This year, Minister Plibersek refused. Traditional Owners like Mr Quall say the housing development will desecrate a significant Aboriginal area, containing tangible and intangible cultural heritage.
Tibby Quall, Larrakia Danggalaba Traditional Owner says:
"It's devastating that Aboriginal people have to fight like this to protect our land, our sacred sites, our culture and way of life…. if we fail it will be devastating for our children."
Lorraine Williams, Larrakia Danggalaba Traditional Owner says:
“This is one of the last places where we can teach our next generation about Larrakia history and culture. It's our favourite place to collect bush tucker and plant medicine. This is the last food bowl we have close to Darwin, and it's being bulldozed.”
Request for documents
Mr Quall has applied to the Federal Court for discovery of documents relating to Minister Plibersek’s refusal of his cultural heritage application. His lawyers from Environmental Justice Australia say they need to see the documents to properly assess whether the Minister’s decision was lawful. Mr Quall has also written to the Aboriginal Areas Protection Authority seeking registration of sacred sites at Lee Point.
Alleged breaches
Acting on behalf of Mr Quall and the Environment Centre Northern Territory (ECNT), lawyers from Environmental Justice Australia have also written to the NT planning authority alleging the developer has breached conditions of its development permit for Lee Point, and to Minister Plibersek alleging the developer has breached conditions of its Federal Environmental Approval.
The allegations include that between 30 April 2024 and 2 May 2024, bulldozers unlawfully destroyed habitat for endangered Gouldian Finches, black-footed tree rats, and approximately 270 species of birds at Lee Point.
Acting on behalf of Mr Quall, lawyers from Environmental Justice Australia have also written to the Heritage Branch of the Northern Territory Government alleging the developer has breached the NT Heritage Act.
“Never again”
After the Albanese Government tabled its response to the shocking destruction of Juukan Gorge in November 2022, in a report titled 'Never Again’, Minister Plibersek promised she would reform Australia's weak cultural heritage laws.
In May 2020, the sacred Juukan Gorge rock shelter in the Pilbara region of Western Australia had been legally blasted by the mining company Rio Tinto, despite being of high archaeological significance and containing over 40,000 years of cultural materials. Larrakia Danggalaba traditional owners say the government should respect traditional governance systems for Lee Point.
CONTACT: Miki Perkins on 03 8341 3110 and [email protected]
