Development has again been stalled at Lee Point, the controversial multi-million-dollar defence housing site in Darwin, after a Northern Territory tribunal found cultural objects had been unlawfully disturbed and removed.
In January, Uncle Tibby Quall launched legal action arguing the Northern Territory Heritage Council failed to consult him, as a senior Larrakia Traditional Owner, over sacred sites and cultural artefacts on his Country.
“An acknowledgement like this from the Tribunal is really strong," Mr Quall said.
"Our culture and this case will remain, for our children in the future, their children, they will have something."
As a senior Larrakia Traditional Owner of the Danggalaba Kulumbirigin clan, Mr Quall says it is his responsibility to advise over cultural heritage within and around Lee Point, also known as Binyabara, on Darwin's fringes.
The Northern Territory Civil and Administrative Tribunal (NTCAT) has now ruled in his favour and found the NT Heritage Council consultation process flawed, when it allowed Defence Housing Australia to remove 10 cultural objects.
Uncle Tibby Quall celebrated with fellow protesters against the housing development at Lee Point. Source: Emma Kellaway, NITV News.
“The old people would be very happy," Mr Quall said.
The Legal Battle
Defence Housing Australia and the Heritage Council had attempted to dismiss the case, calling it "futile and improper".
They claimed there was insufficient evidence that Mr Quall owned the objects.
However, in an historic finding, the Tribunal has found that as a Larrakia Elder, Mr Quall is an owner of the artefacts under NT heritage law.
It is the first time Traditional Owners have been formally recognised as owners of cultural artefacts on Country under the Northern Territory Heritage Act.
"It sets a remarkable precedent," Environment Centre NT executive director Kirsty Howe told NITV News.
"Developers, governments, anyone wanting to business here on Larrakia land is going to need to recognise the ownership of these incredibly important places."
In its ruling, the Tribunal identified flaws in the consultation process.
Specifically, the Heritage Council's earlier decision that labelled the artefacts as "low archaeological significance," noting there was "no recognition that the Development Site is, in part, or whole, an Aboriginal heritage place".
Environmental Justice Australia senior lawyer Kip Frawley represented Mr Quall.
“Our client has been clear since he first objected to this development in 2017: this is Larrakia Country and the sacred sites and cultural objects on Larrakia Country belong to them, and to the land," he said.
The fight to save Lee Point
Defence Housing Australia (DHA) is planning to build a residential housing complex for military personnel and their families at the site at Lee Point, to support an expanding defence presence in the Northern Territory.
Larrakia Traditional Owners maintain Binyabara or Lee Point is a place of deep cultural, ecological and community significance.
They say the place is home to cultural sites, artefacts, ancient woodlands, and endangered species including the Gouldian finch.
In 2023 a community blockade to stop bulldozers clearing land drew national attention.
In May this year, Defence Housing Australia was fined $18,780 for clearing land in breach of its environmental approvals.
What's next?
The Tribunal has indicated it intends to refer the decision back to the Northern Territory Heritage Council, subject to several conditions and directions.
Mr Quall is considering his options and seeking legal advice.
The Tribunal has invited the parties to make submissions on the proposed referral by August 1, 2025.
The case is next listed for directions on August 15, 2025.
