Environment Minister Tanya Plibersek rejects Aboriginal cultural heritage application at Lee Point

Work at Lee Point had been paused while the cultural heritage application was being assessed.  (Supplied: Ian Redfearn)

An emergency application to stop bulldozers from clearing swathes of land to make way for a defence housing development at Darwin’s Lee Point has been rejected .

The project has seen strong opposition from the community, with multiple protests and arrests.

Defence Housing Australia voluntarily paused clearing land for its 800-home project at Darwin’s Lee Point – also known as Binybara — in August last year.

A month before that, lawyers from Environmental Justice Australia had lodged an emergency application for cultural heritage protection on behalf of Larrakia Danggalaba traditional owner Tibby Quall, arguing the project would desecrate a significant Aboriginal area.

DHA agreed to cease its operations until March 31 while Environment Minister Tanya Plibersek considered the application.

That included statements from traditional owners and anthropologists identifying cultural heritage values and dreaming tracks.

Ms Plibersek said on Thursday that while she recognised the wider Lee Point peninsula is a “culturally important area”, she wasn’t satisfied by the application’s evidence.

“Based on evidence provided to me and the definitions under law, I was not satisfied there is a significant Aboriginal area within the 132-hectare development area,” the minister told the ABC.

“The Aboriginal and Torres Strait Island Heritage Protection Act only allows me to make a protection declaration within the area of the development put forward for the section 10 application.

“Significant sites [are] already protected under Northern Territory Law.”

A DHA spokesperson told the ABC it would consider “the next steps for its development in due course”.

Traditional owners vow to continue their fight

Mililma May, a Larrakia woman who’s been campaigning against the development, said she was devastated by the minister’s decision to allow the project to go ahead.

“We came together as a community, led by Larrakia elders, to show that Lee Point is a place of deep cultural heritage,” she said.

“We call on DHA and all contracting bodies to reconsider their involvement in this project.”

EJA lawyer Danya Jacobs said traditional owners are now considering other legal options and have “vowed to continue the fight”.

“The system is geared towards approving development and decision makers are failing miserably when it comes to protecting First Nations’ culture and heritage,” she said.

Mr Quall said he was “devastated and disappointed by this decision”.

“We want to share our country with everyone in Darwin that loves the outdoor lifestyle and all the tourists, so it’s just devastating for everyone,” he said.