Lee Point works pause extended to August amid heritage claim win

Defence Housing Australia will not resume works at Lee Point this Monday in a ‘significant victory’ for Larrakia custodians’ heritage claim over the coastal reserve.

Land clearing at Lee Point will not resume for at least a month in another win for Traditional Owners and environmentalists seeking to save the coastal bush patch from development.

Lawyers for TOs contesting the works have revealed a temporary halt to land clearing at the site, also known as Binybara, will be extended until at least August 11.

Defence Housing Australia had previously agreed to “voluntarily” pause works until this Monday.

The initial pause came after TOs represented by Environmental Justice Australia made an emergency application to Environment Minister Tanya Plibersek under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.

Protesters blocked the way to the site of Defence Housing Australia's development site in Lee Point on Thursday. Picture: Sierra Haigh

The application was lodged a day after heavy machinery moved in and at least 11 people attempting to halt the bulldozers were arrested.

The EJA lawyers, acting on behalf of Larrakia Danggalaba traditional custodian Tibby Quall, then wrote to Ms Plibersek stating there was a “compelling” case to extend the development pause beyond this Monday.

Senior specialist lawyer Bruce Lindsay said there were “significant problems” with a 2017 environmental impact assessment and other earlier reports he said DHA used to forge ahead with its plans.

“Instead of sitting down with Traditional Owners, these reports were based on quick desktop analysis and field surveys done in less than two days,” he said.

“It’s deeply concerning that these surveys were done without involvement of Larrakia people and without properly visiting the site.”

Larrakia Danggalaba traditional custodian Tibby Quall said Binybara was part of his family’s “soul and spirit”. Picture: Justin Kennedy

Mr Quall said further development would destroy his family’s connection to the land.

“They will destroy the Kenbi Dreaming track, which holds our lores and customs,” he said.

“Dariba Nunggalinya (Old Man Rock) is like a creator, it’s from the beginning of the world – that’s how long Aboriginal people have been here.

“We’ve been here for thousands of years – without our land, we can’t survive, it makes us who we are.”

The submission lodged with the commonwealth on behalf of Mr Quall said the administration or use of Northern Territory laws to assess or protect Aboriginal cultural heritage at the site was “in essence, deeply flawed, deficient and largely tokenistic”.

The lawyers said the development would “injure and desecrate” a significant Aboriginal area containing both “tangible and intangible Aboriginal cultural heritage”.

Concerns over the endangered Gouldian finch’s habitat being destroyed have also been a key part of opposition to the Defence Housing Australia project. Picture: Pema Tamang Pakhrin

Traditional custodian Lorraine Williams said Larrakia people had not been properly consulted about the project.

“I haven’t been given opportunity – along with other Larrakia people – to be involved in a cultural heritage assessment,” she said.

“I requested the cultural heritage assessment report for the land that has been bulldozed but I have not yet seen it.”

Ms Williams urged the Environment Minister to “come and speak to Larrakia people on the ground” before any further works took place.

A Defence Housing Australia statement said DHA remained “committed to working with the Larrakia Nation”.

“DHA will continue to voluntarily stop clearing work at Lee Point, while cooperating with the Department of Climate Change, Energy, the Environment and Water in regard to (the) application,” it read.

“DHA has obtained the necessary approvals, consents, permits and other authorisations as required by commonwealth and Northern Territory law, including clearance for the proposed development by the Aboriginal Areas Protection Authority.”

Residential development at the site has been in the works since 2015 but community opposition to the 800-home build across 131ha of bushland has been growing in recent years.

A rise in the number of endangered Gouldian finches in the area early last year galvanised protesters’ concerns about the environmental impact of the development.

Those protests led to a 50m buffer around Gouldian finch habitat being included in the plans – which environmentalists have argued would not be enough.

Originally published as Lee Point works pause extended to August amid heritage claim win