A Larrakia Traditional Owner has launched an appeal in an attempt to prevent Defence Housing Australia's Lee Point development, a project he says will destroy sacred sites.
The appeal to the Aboriginal Areas Protection Authority seeks recognition of sacred sites within the Lee Point development zone, including the Danggalaba Dreaming track, a sacred waterway and traditional camping places and ceremonial grounds.
Made by Environmental Justice Australia on behalf of Larrakia Danggalaba Traditional Owner Tibby Quall, the application requests a review of the 2018 authority certificate granted to the Defence Housing Australia development, which, in a disputed decision, found there were no sacred sites within the development zone.
Mr Quall maintained the view the area was sacred to Larrakia peoples.
"There are sacred sites within and encompassing the development area," he said, via the Herald Sun.
"We have to consider all avenues available to us to stop the bulldozers."
However despite renewed requests to review sacred sites on Thursday, an Aboriginal Areas Protection Authority (AAPA) spokesperson confirmed the 2018 "remains valid and in force".
"Registration of sacred sites involves extensive research with numerous custodians. Once complete, the Authority's Board then considers the site registration request," the spokesperson said, via the Herald Sun.
"The Authority does not have the power to issue a stop work order."
In addition to Lee Point - known as Binybara to Traditional Owners - being of deep cultural significance to local Larrakia Peoples, it is also an internationally-significant site for migratory shorebirds and home to the rare endangered Gouldian Finch.
Larrakia, Wardaman and Karajarri woman, Cyan Sue-Lee said the Defence Housing Australia (DHA) development will have negative cultural and environmental impacts on the area.
"Not only are they continuing the colonial project, destroying sacred cultural sites, irreplaceable ecological habitats and crucial biodiversity, but they're damaging their own futures along with ours," she said.
"With the continued disregard for our reliance on healthy natural environments, all our future generations are doomed. We as Indigenous people must have land management rights – it's our only hope for climate justice."
Larrakia/Danggalaba and Torres Strait Islander woman, Shara Alley said Traditional Owners feel passionately about the conservation and preservation of Lee Point.
"We cannot sit and watch DHA decimate our sacred country, every avenue to save this special country must be exhausted," Ms Alley said.
"DHA and contractors are not only breaking Larrakia lore, they're breaking their own white man laws, they are going against their own white man science."
After being paused for several months, bulldozers began clearing bushland on the site, north of Darwin, on Tuesday, after federal Environment Minister Tanya Plibersek considered and ultimately rejected an emergency cultural heritage application lodged by Larrakia Custodians earlier this year.
Before Easter, Ms Plibersek said she was "not satisfied" there were significant Aboriginal areas within the development zone, according to the Herald Sun.
In support of Larrakia Traditional Owners, Gunnai, Gunditjmara and Djab Wurrung woman and independent Senator for Victoria, Lidia Thorpe, said Traditional Owners haven't been listened to throughout the process, labelling their treatment "dismissive and disrespectful".
She called on the federal government to intervene.
"Minister Plibersek and Assistant Minister Thistlethwaite have the power to save Lee Point," Senator Thorpe said.
"There are sacred sites at Lee Point that Labor will destroy if they go ahead with this project.
"Weak cultural heritage laws means AAPA doesn't have authority to stop works, so Labor should.
"I've heard some shocking issues with breaches to conditions and obligations by parties involved here. While my office is working with Larrakia Custodians to explore legal avenues, it's clear that this process has been dodgy.
"They should call off the cops and bulldozers that have taken over Lee Point, and return the area to Larrakia Custodianship to protect for future generations."
After delays to meet environmental and cultural concerns DHA said on Thursday it "welcomed" the recommencement of works at Lee Point.
"DHA has obtained all necessary approvals to undertake the development, including planning, environmental and cultural heritage approvals," it said.
It said a quarter of the 132-hectare development had been allocated to conservation purposes, including 22 hectares transferred to NT Parks and a 50m wide wildlife corridor.
The development is expected to deliver 800 homes, 200 for Defence personnel and their families and 600 for private sale as well as a community centre, parks and recreation areas and a new primary school.