Defense Housing Opposition Overturned by Minister
The Lee Point project has faced criticism from the start, particularly from local indigenous leaders due to its ecological and cultural significance.
A controversial defence housing development in Darwin has received approval from the court, despite objections from environmentalists and the traditional owners of the land.
In 2019, Defence Housing Australia (DHA) and contractor BMD Urban were granted planning permission to clear 40% of the Lee Point area, also known as Binybara, to build 800 homes.
DHA stated that the project would address the housing needs of Defence families and the wider Darwin community.
Darwin is home to thousands of Australian defence personnel and families, along with 2,500 US Marines. The navy, army, and RAAF have bases in the area.
However, the project has faced opposition from the beginning, primarily from local Indigenous leaders who are dedicated to protecting the area due to its cultural and ecological importance.
Environmentalists supporting the Indigenous leaders are concerned about the impact on the endangered Gouldian finches.
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While construction began in 2019, a protest on the site in July led to eight protestors being arrested for trespassing, with fines but no convictions recorded.
In August 2023, an emergency application was submitted to halt the development, supported by Environmental Justice Australia (EJA) and local custodians under heritage legislation.
Under the legislation, the Environment Minister has the authority to block development if local laws do not adequately protect cultural sites.
EJA’s lawyer raised concerns about the inadequate Environmental Impact Assessment in 2017 and emphasized the potential harm to Aboriginal heritage at Lee Point.
He argued that the development could damage significant Aboriginal cultural sites both physically and spiritually.
Work on the Site Voluntarily Halted
The DHA decided to wait for the minister’s decision and paused land clearing until March 31.
She stated, “Based on the evidence and legal definitions, I found no substantial Aboriginal sites within the development zone. The law restricts me to make protective declarations within specific areas only.”
EJA’s lawyer mentioned that despite the minister’s decision, the Indigenous campaigners intend to persist and explore legal avenues.
