Defence Housing Australia will not be reprimanded for illegally clearing land on Larrakia Country at Darwin's Binybara/Lee Point, despite breaching the Northern Territory's Planning Act.
Earlier this year, it was revealed Defence Housing Australia (DHA) had engaged in clearing bushland on the point without all the necessary approvals.
The area has been stoutly 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.
It was revealed the DHA was being investigated at both Territory at Federal level due to alleged illegal clearing of approximately six hectares of land at Lee Point over three days in early May of this year.
For six months the 800-home development has been paused as the Development Consent Authority (DCA) - a body in the NT Department of Lands, Planning and Environment, investigated the reports.
The development appeared to show the clearing extended beyond the approved area in a six-hectare area known as Stage 3, despite DHA only having approval to work on Stages 1 and 2 of the development.
On Monday, the NT News reported the DCA confirmed they will not prosecute or take any further action against DHA.
This despite internal emails revealing DHA was aware they didn't have planning approvals when bulldozers began clearing the area.
DHA said they have been granted "conditional approval" for the Stage 3 clearing on May 3, after the land had been cleared.
In August, Independent Senator Lidia Thorpe said the DHA was engaged in "illegal land clearing" at Binybara, calling on Federal Environment Minister Tanya 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."
Earlier this year, Senator Thorpe tabled a petition in Parliament with more than 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.
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The land is owned by the 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 land back to the Larrakia people, which would instead fall to Defence.
Furthermore, it is understood NT legislation does not allow federal intervention and prosecution by the environment minister.
A Department of Climate Change, Energy, the Environment and Water spokesperson told National Indigenous Times said the department's investigation into the matter is ongoing, and they didn't provide comment on matters that are subject to open investigations.
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.
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 criticised Minister Plibersek for not protecting the area, throwing their support behind calls by Larrakia Traditional Owners for an independent inquiry into unlawful land clearing.
More to come.
