Defence Housing Australia has been fined by a federal regulator for unlawfully clearing land on Larrakia Country at Binybara/Lee Point in Darwin.
Last year, it was revealed DHA had engaged in clearing bushland on the point without all the necessary approvals for a project which will clear 132 hectares of old-growth coastal bushland for 800 dwellings to house military personnel and their families.
On April 1, after a year-long investigation, the Department of Climate Change, Energy, the Environment and Water (DCCEEW) issued one infringement notice of $18,780 for a breach of clearing land exceeding the approved stage of development before "having a revised Construction Environmental Management Plan approved".
The development appeared to show the clearing extended beyond the approved area into a six-hectare area known as Stage 3, despite DHA only having approval to work on Stages 1 and 2 of the development.
The Development Consent Authority (DCA) - a body in the NT Department of Lands, Planning and Environment - declined to take action against DHA for the unlawful clearing, despite internal emails revealing DHA was aware they didn't have planning approvals when bulldozers began clearing the area.
In a statement, DHA said they acknowledged the infringement notice, and said they take compliance matters seriously and are committed to ensuring strict adherence with approvals across all development projects".
They said it came about after DHA cleared a "small area in 2024 that was not in compliance with its Environment Protection and Biodiversity Conservation Act 1999 (Cth) conditions at the time".
"DHA worked constructively with DCCEEW during the investigation to provide the information required for the Department to make its decision, and it accepts DCCEEW's findings," DHA said.
"This Infringement Notice does not affect the validity of DHA's environmental approvals for the Lee Point development, and, as DHA has paid the infringement, the matter is now closed."
The development has faced opposition from Larrakia Traditional Owners and environmentalists, with protests seeing people defending the site clash with police. In 2023, the Larrakia Nation Aboriginal Corporation, the peak representative body of the Larrakia people, withdrew its support for the project.
In March last year, then-Federal Environment Minister Tanya 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 Northern Land Council criticised Minister Plibersek for not protecting the area and called for an independent inquiry into unlawful land clearing.
The area is home to the Kenbi Dreaming track and the Gouldian finch, which is listed as endangered by the Australian Wildlife Conservancy.
Last year, Independent Senator Lidia 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.
Senator Thorpe has previously said the DHA was engaged in "illegal land clearing" at Binybara and called on the federal government to "revoke approvals for the destruction" and return the site to the Larrakia people "to protect for future generations".
This article was amended on 27 May to include a statement by the DHA
