The Northern Land Council has slammed the Federal Environment Minister's decision to not protect Binybara (Lee Point), throwing their support behind calls by Larrakia Traditional Owners for an independent inquiry into unlawful land clearing.

On Thursday the Council said it was disappointed by Minister Tanya Plibersek's "refusal to use her

power" to stop the Defence Housing Australia (DHA) development at Binybara.

"The Minister has not recognised the region as being a culturally significant area for Larrakia people," the NLC said in a statement.

The Council said it has been alarmed in recent weeks to hear allegations of unlawful land clearing at Lee Point by DHA.

In November 2023 and February 2024, the NLC provided submissions in support of Kevin 'Tibby' Quall's application to protect a specified area of Binybara under the federal Aboriginal and Torres Strait Islander Heritage Protection Act.

In March, the Environment Minister made her decision to not make a declaration under the Act, meaning Mr Quall's application, did not succeed and Defence Housing Australia's housing development could proceed.

NLC chair, Matthew Ryan, described the Minister's decision as "upsetting".

"The Larrakia deserve better in 2024. Our politicians need to listen to their voice," he said.

"DHA's stopping works to allow for their own investigation does not go far enough. Our Council believes there needs to be a good look into the land clearing, and this needs to be one that everyone can trust.

"The governments need to learn from the mistakes. It's clear that better consultation with Traditional Owners needs to happen before, not after, the damage is done."

Despite outcry from Larrakia peoples and widespread protest by the wider community, initial land clearing works occurred from April 30 to May 10, 2024.

The Northern Land Council commended the decision by DHA to halt any future land clearing while it undertakes an investigation, but noted that any investigation must be thorough and transparent, and therefore backed the call for an independent inquiry into Binybara.

"This process would provide the level of scrutiny and accountability that is required for this culturally rich part of Darwin," the Council said.