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Allegations as controversial land-clearing stops

Esther LinderAAP
Eighteen hectares of land at Lee Point, north of Darwin, has been cleared by Defence. (HANDOUT/LEE POINT COMMUNITY)
Camera IconEighteen hectares of land at Lee Point, north of Darwin, has been cleared by Defence. (HANDOUT/LEE POINT COMMUNITY) Credit: AAP

A Defence corporation has once again halted works at a sensitive Northern Territory site following allegations of unlawful conduct.

Eighteen hectares of land at Lee Point, north of Darwin, had been cleared by Defence Housing Australia between April 30 and May 2 to make way for an 800-home development.

The area - known as Binybara to its Larrakia traditional owners - is home to vulnerable and endangered birds including the Gouldian finch, great knot and greater sand plover.

The works have since been stopped after environmental advocates Environmental Justice Australia wrote to the corporation alleging it had breached the conditions of its planning permit, which requires a set of environmental management plans for works to go ahead.

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EJA, the Environment Centre NT and Larrakia traditional owner Libby Quall allege the plans and approvals have not been produced, as well as noting the lack of a fauna spotter on site during clearing to monitor for injured or threatened wildlife.

The corporation would fall foul of the NT Planning Act if proven, and be liable for significant fines or a possible criminal penalty.

Jane Quinlan, a lawyer representing the Environment Centre and Ms Quall, said the allegations were serious and concerning.

Defence Housing was contacted for comment regarding the allegations but said in a statement on Wednesday the chair and acting managing director had travelled to Darwin to meet with the NT government about the site.

Kirsty Howey, the executive director of the Environment Centre NT, called for Defence Housing to be investigated and potentially prosecuted.

"If proven, these allegations are a national scandal ... it beggars belief that a government agency may have been responsible for alleged unlawful conduct at the site," she said.

Binybara camp spokesperson Jessica Black told AAP 19 people had been arrested while bulldozers were active at the site between April 30 and May 2, with a long-standing community presence protesting against the development.

The government agency voluntarily stopped work at Lee Point in August 2023 to allow a cultural heritage application to be assessed after members of the Larrakia nation described the area as culturally significant and asked that it be preserved and protected.

The application was rejected in March despite pleas to Environment Minister Tanya Plibersek to act to protect the numerous threatened species in the area.

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