There's been a significant win for Larrakia Traditional Owners at Binybara / Lee Point, with a tribunal ruling putting the brakes on the controversial housing development.

In January, Senior Larrakia elder of the Danggalaba Kulumbirigin clan, Tibby Quall, launched a legal challenge in the Northern Territory Civil and Administrative Tribunal (NTCAT). 

The tribunal has ruled that developer Defence Housing Australia cannot continue work at the controversial site until a major legal challenge from Mr Quall is heard.

Community celebrations were held at Binybara / Lee Point following this significant ruling.

What did the tribunal rule?

The Tribunal ruled that the NT Heritage Council failed to consult with Mr Quall, when it granted Defence Housing Australia approval to ‘disturb and remove’ 10 Aboriginal archaeological objects – at Lee Point. 

• DHA must stop all work on Lot 4873 Lee Point until this proceeding has been finally determined. 
• Mr Quall is the 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 on behalf of the Heritage Council and DHA was flawed and did not meet the legal standard. 
• Rejected the Heritage Council’s application to dismiss the case. 

Legal precedent

ECNT understands this is the first time that Traditional Owners have been found to be the owners of cultural artefacts on Country under the Territory’s Heritage Act. Mr Quall was represented by Environmental Justice Australia.  

The interim ruling comes just weeks after Defence Housing Australia was slapped with a $18,780 fine over illegal land clearing at Lee Point. 

What happens now?

The Tribunal has indicated it may 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. 

Help keep the momentum going

Let's keep the momentum going and get this project scrapped once and for all!

Sign the petition calling on new Environment Minister Murray Watt to revoke Defence Housing Australia’s project approval and save Lee Point.