Development Consent Authority to not lay charges over illegal clearing breach at Lee Point

A controversial Darwin housing development failed to get all approvals before starting up the bulldozers, yet the Territory authorities have ruled not to take action.

An investigation into an illegal bulldozing operation at Lee Point will not lay charges against Defence Housing Australia, despite breaches of the Territory’s Planning Act.

The Development Consent Authority has confirmed it will not prosecute or take any further action against DHA over allegations of unlawful clearing at its controversial housing development at Lee Point.

For six months the 800-home development in Darwin’s Northern suburbs has been paused as the DCA investigated reports of illegal clearing over three days in early May.

Drone footage, obtained by the NT News, appeared to show the clearing extended beyond the approved area with trees and shrub land bulldozed in a six hectare area near Bilingga St and Bambatj Rd, known as Stage 3.

At the time, DHA only had approval to work on Stages 1 and 2 of its development.

Binybara Camp protesters have been attempting to delay and block land clearing at the Lee Point Defence Housing Australia site. Picture: Uprising of the People/ Instagram

Internal correspondence between Defence Housing Australia, the the offices of Defence Minister Richard Marles and assistant Defence Minister Matt Thistlethwaite revealed DHA was aware it was still missing approvals after the bulldozers started.

Ministerial briefing notes said on the second day of clearing DHA realised all NT Government planning permissions were “not in place”.

In an internal memo to Mr Thistlethwaite, DHA confirmed it knew “some permissions were not in place” for Stage 3 on May 1.

DHA said a meeting was organised with the NT Department of Infrastructure, Planning and Logistics “with a view to obtaining consent to clear”.

Defence Housing Australia has stopped work at Lee Point following allegations of illegal clearing within Stage 3 of the controversial housing development.

Despite DHA saying it instructed the contractor not to start clearing Stage 3, by 10am on May 2 the area was completely bulldozed.

That day, DHA emailed Mr Thistlethwaite’s office stating it “unintentionally cleared Stage 3 of the Lee Point development site before receiving all NT Government approvals”.

“It is likely that the NT Government will send staff to inspect the site tomorrow and issue DHA with a notice in relation to the clearing,” the email said.

Defence Housing Australia have stopped work at Lee Point following allegations of illegal land clearing.

DHA indicated it gained “conditional approval” for the Stage 3 clearing on May 3 — after the six hectares had been cleared.

Six months after the clearing operation, the DCA ruled it would not seek a prosecution or any further action over the alleged illegal clearing.

The DCA found the breach had “ceased”, with the site now compliant with the NT Planning Act.

DHA paused all works at the site while the illegal clearing investigation was underway, and it is unclear when development will resume.

On Tuesday a DHA spokeswoman confirmed that “all relevant conditions precedent under Development Permit...have been met in respect of its development at Lee Point”.

But the Federal Department of Climate Change, Energy, the Environment and Water spokeswoman said its investigation into DHA’s actions at Lee Point was still ongoing.

Larrakia Danggalaba Traditional Owner Tibby Quall opposed the Defence Housing Australia development at Lee Point.

Larrakia Danggalaba Elder Tibby Quall said he was “disgusted and shocked” by the DCA ruling.

“Our livelihood is on that land. It is a religious area for us,” Mr Quall said.

“They’ve ripped up the land, they have ...wrecked it.”

Environment Centre of the Northern Territory executive director Kirsty Howey. Picture: Zizi Averill

Environment Centre of the Northern Territory executive director Kirsty Howey said the decision to drop the investigation was a “massive blow”, illustrating the laws protecting nature in the Northern Territory were “utterly and profoundly broken”.

Binybara camp, Friends of Lee Point, Bird Life Top End and Biodiversity Watch have all called on Environment Minister Tanya Plibersek to prosecute Defence Housing Australia under federal environment laws.

Originally published as Development Consent Authority to not lay charges over illegal clearing breach at Lee Point