Land clearing at Binybara/Lee Point in Darwin must stop after a Northern Territory tribunal ruled the developer cannot continue work at the controversial site until a major legal challenge from Larrakia Danggalaba elder and senior Traditional Owner Tibby Quall is heard.  

This significant decision provides vital interim protection for a place of great cultural and ecological importance to the Larrakia people – and to many across Garramilla/Darwin who have stood with them in the fight to protect it.

This is the first time that Traditional Owners have been found to be owners of cultural objects on Country under the Territory’s Heritage Act. 

The Northern Territory Civil and Administrative Tribunal (NTCAT) also found the NT Heritage Council’s process of consultation was ‘flawed’ because it failed to consult Mr Quall. The Tribunal also highlighted flaws in the NT Heritage Council’s determination that Aboriginal cultural objects removed from the site were of ‘low archaeological significance’, that the council did not recognise the development site as a heritage place and failed to consider its heritage significance.  

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

“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” 

“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” 

“Darriba Nunggalinya, he is our creator, and the most powerful site. Old Man, he is our creator of everything, the land, the law, everything on the land, the people” 

(Pictured: senior Larrakia elder Tibby Quall) 

The tribunal found Mr Quall, who is represented by lawyers at Environment Justice Australia, has the right to possess and control the fate of the cultural objects. Importantly, the Tribunal also found that he and other Larrakia should be considered owners of those cultural objects and so Mr Quall has legal standing to bring his case. DHA and the NT Heritage Council gave no explanation about why he wasn't consulted, the Tribunal found. 

Environmental Justice Australia senior lawyer Kip Frawley says:

“This case is about Traditional Owners being properly consulted about matters that affect their Country. Importantly, the Tribunal has found that the consultation process was flawed.  

“They failed to consult our client, they failed to recognise the area’s significance, and they failed to consider other requirements under the Territory’s heritage laws. 

“Our client has been clear since he first objected to this development in 2017: this is Larrakia Country and the sacred sites and cultural objects on Larrakia Country belong to them, and to the land.”  

Fight for Country

Mr Quall filed a legal challenge in January, against the Northern Territory government’s heritage body for failing to consult with him when it allowed DHA to ‘disturb and remove’ 10 Aboriginal archaeological objects – including a grindstone and other stone tools – at Binybara/Lee Point.   

Mr Quall argues the NT Heritage Council made the wrong decision when it unlawfully approved the removal of Aboriginal cultural heritage from Binybara/Lee Point without consulting him – even though he had formally raised the alarm about sacred sites and cultural objects in and around the area. He is asking the Tribunal to set aside the Heritage Council’s decision and order the return of the cultural objects under the supervision of Larrakia Traditional Owners.  

In response, DHA and the Heritage Council argued Mr Quall’s case was “futile and improper.” The Heritage Council tried to argue there was not enough evidence Mr Quall was the owner of the artefacts, and the DHA even tried to argue they owned the cultural artefacts. The Tribunal rejected these arguments. 

The rightful owner

But in its decision last week the Tribunal ruled that Mr Quall, as a senior Larrakia person, is an owner of the cultural artefacts removed from the land, according to the NT’s heritage laws, and has legal standing to pursue his case.  

The NTCAT judgment found: 

• DHA must stop all work on Lot 4873 Lee Point until this proceeding has been finally determined.
• Mr Quall is an owner (within the meaning of the Northern Territory Heritage Act) of the cultural artefacts removed from the land and has legal standing to bring this case.
• The land where the cultural artefacts were found is in whole or part an Aboriginal archaeological place within the meaning of the Heritage Act.
• The process of consultation undertaken by the Heritage Council was flawed and did not meet the legal standard.
• Rejected the Heritage Council’s application to dismiss the case.

A critical point in a hard-fought campaign

This is a significant win in the long-running Larrakia campaign to protect Binybara/Lee Point – a culturally rich and ecologically vital part of Larrakia Country under threat from DHA’s housing development. 

The 2023 community blockade drew national attention but the risks to this land remained. The injunction marks a critical moment, ensuring no further damage can occur while the Tribunal matter proceeds.  

In May, DHA was fined $18,780 for illegally clearing land at Lee Point – adding to concerns about the development’s disregard for cultural and ecological values. This injunction brings much-needed protection to a place of deep cultural and ecological significance – a living landscape on Larrakia Country where cultural sites, artefacts, ancient woodlands, and endangered species have long been at risk.  

Why this case matters 

Binybara/Lee Point is a place of deep cultural, ecological and community significance. The cultural objects removed are not only artefacts – they are part of a living cultural landscape, integral to Larrakia law, lore and identity. 

Mr Quall believes removing artefacts without Traditional Owner consent is a rupture of cultural continuity and a breach of natural justice. The Tribunal’s decision to allow this case to proceed, and to stop further work on the site, sends an important signal about the seriousness of these issues.  

Next steps 

The Tribunal has indicated it intends to refer the decision back to the Northern Territory Heritage Council, subject to several conditions and directions. Mr Quall is considering his options and seeking legal advice. The Tribunal has invited the parties to make submissions on the proposed referral by 1 August 2025. The case is next listed for directions on 15 August 2025. 

For information: Miki Perkins, 03 8341 3110 (goes to mobile)