Tanya Plibersek urged to halt "destruction" of Lee Point as Defence Housing investigated over illegal land clearing

Dechlan Brennan
Dechlan Brennan Published August 7, 2024 at 5.30pm (AWST)

Independent Senator Lidia Thorpe says she has written to Environment Minister Tanya Plibersek over the continued land clearing of Larrakia Country at Darwin's Binybara/Lee Point.

It comes as ABC 7:30 revealed Defence Housing Australia (DHA) had engaged in clearing bushland on the point without all the necessary approvals.

The area has been strenuously defended by Larrakia people and environmentalists in the wake of a proposed multi-million-dollar project, which would clear 132 hectares of old growth coastal bushland for 800 houses for the DHA — a federal government enterprise.

Last month, Senator Thorpe tabled a petition in Parliament with over 16,000 signatures calling for the return of the area to the Larrakia people, appearing with Larrakia artist and performer Laniyuk.

"It is our language; it is our ceremony; it is our culture; it is our past, our present and our future," Laniyuk told reporters at the time.

On Wednesday, Senator Thorpe took to social media to argue the DHA was engaged in "illegal land clearing" at Binybara and called on Minister Plibersek to "revoke approvals for the destruction" as well as prosecute the DHA and return the site to the Larrakia people "to protect for future generations".

"Labor's ongoing destruction of Lee Point is having devastating impacts on sacred sites and Larrakia people, as well as the survival of endangered species like the Gouldian Finch," the Gunnai Gunditjmara and Djab Wurrung senator wrote.

"Ecocide is cultural Genocide - to destroy Country threatens a millennia of culture, knowledge, and storytelling, which Larrakia People continue to uphold."

The land is owned by Department of Defence and National Indigenous Times understands the Environment Minister doesn't have jurisdiction under the Environment Protection and Biodiversity Conservation Act 1999 to directly hand the lack back to the Larrakia people, which would instead fall to Defence.

The ABC revealed DHA was being investigated at both Territory at Federal level due to an alleged illegal clearing of about six hectares of land at Lee Point in early May, 2024.

The DHA has approval to bulldoze 'stage one,' but bulldozed 'stage two' without key environmental approvals, according to documents seen by the ABC. Furthermore, they bulldozed other bushland in a potential breach of national environment law.

As documents are being sought from the DHA by the NT government, work is paused on the project.

In May, Environment Centre NT executive director Kirsty Howey called for an investigation into the DHA's conduct, telling NT News: "If proven, these allegations are a national scandal".

"It beggars belief that a government agency may have been responsible for alleged unlawful conduct at the site," Dr Howey said.

In response to questions from National Indigenous Times, the DHA declined to respond to the allegations, citing the ongoing discussions with the Northern Territory Government.

However, they said they were committed to working with the Territory Government to progress the Lee Point development.

Protests outside of Parliament House in Canberra in July. (Image: Save Lee Point)

The area is home to the Kenbi Dreaming track and the Gouldian finch, which is listed as endangered according to the Australian Wildlife Conservancy, and its development has caused significant consternation amongst Traditional Owners and environmental groups, with ongoing protests seeing people defending the site clash with police.

In March this year, Minister Plibersek rejected a cultural heritage protection application for the site, arguing she was "not satisfied" there were significant Aboriginal areas within the development zone.

"The Aboriginal and Torres Strait Island Heritage Protection Act only allows me to make a protection declaration within the area of the development put forward for the section 10 application," the Minister told the ABC.

"Significant sites [are] already protected under Northern Territory Law."

Other animals native to the area are also allegedly under threat, including the northern quoll, the critically endangered northern blue-tongued skink, and the pig-nosed turtle.

Last year, the Larrakia Nation Aboriginal Corporation, the peak representative body of the Larrakia people, withdrew their support for the project, whilst in May, the Northern Land Council (NLC) slammed Minister Plibersek, for not protecting the area, and threw their support behind calls by Larrakia Traditional Owners for an independent inquiry into unlawful land clearing.

This article was amended on August 9 to include comments from Defence Housing Australia.

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