Further development is on hold at Binybara/Lee Point, north of Darwin, after an emergency application was filed by lawyers on behalf of Traditional Owners of the area.
Filed by Environmental Justice Australia lawyers on behalf of Larrakia Danggalaba Traditional Owner Tibby Quall, the emergency application prevents further land clearing work on the controversial site until next month.
The emergency injunction was filed to federal environment minister Tanya Plibersek, with the developer voluntarily extending it until August 11.
"Lawyers have submitted that Minister Plibersek should be satisfied that the development will injure and desecrate a significant Aboriginal area containing both tangible and intangible Aboriginal cultural heritage," EJA senior lawyer Bruce Lindsay said last week.
The DHA development in Darwin's northern suburbs, which promises almost 800 new dwellings, is staunchly opposed by Traditional Owners and environmentalists, who are concerned about the impact of land clearing on Aboriginal cultural heritage sites, endemic wildlife and native habitat in the area, including 400-year-old trees.
In addition to being sacred to Larrakia Traditional Owners, Binybara/Lee Point is also home to the Gouldian finch, a species once found abundant across northern Australia however is thought to be numbered fewer than 2,500 left in the wild.
The emergency application claims Northern Territory laws used to assess the cultural and environmental value of the site "in essence, deeply flawed, deficient and largely tokenistic", with the Environmental Impact Assessment, conducted in 2017 posing "significant problems" according to EJA.
Mr Quall said the destruction of Binybara/Lee Point would have a significant impact on cultural connections Larrakia people have to the area.
"The bulldozers will destroy our connection to the land. They will destroy the Kenbi Dreaming track, which holds our Lores and Customs," he said.
He said the area proposed for development includes Dariba Nunggalinya - Old Man Rock, a sacred site.
"It's from the beginning of the world, that's how long Aboriginal people have been here," he said.
"You can never remove a sacred site. It's not to be touched or damaged or things will happen.
"In our culture, we maintain things in life. We don't destroy it because it's part of our soul and spirit."
In response, DHA said it had approvals, consents and permits required under both Commonwealth and Northern Territory law for the project to commence, adding the development would address the housing shortage, benefiting Defence families and the broader community.
The Aboriginal Areas Protection Authority confirmed an Authority Certificate for the Binybara/Lee Point development was issues in 2018 after consultation with Traditional Custodians.
The Authority Certificate states no sacred sites within the development area with two registered sacred sites within its vicinity.
Preceding the emergency injunction, numerous protests have been held at the Lee Point development site and outside Ms Plibersek's ministerial office in Sydney's inner southern suburb of Sydney, leading to six protesters incurring fines following a number of demonstrations in Darwin's northern suburbs.
Larrakia woman and Traditional Owner Lorraine Williams called on Ms Plibersek to exercise her powers as federal environment minister to conduct a more detailed assessment of Binybara/Lee Point.
"What we are wanting is Tanya Plibersek to actually consider doing a cultural heritage assessment with Larrakia people," she said.
"Because at the moment, I can't see any documentation to say that Larrakia people were … involved in any of the cultural heritage assessment."
