As a senior Larrakia Traditional Owner of the Danggalaba Kulumbirigin clan, Tibby Quall is responsible for flagging sacred sites and cultural heritage within and around Lee Point also known as Binyabara.
Lee Point is a peninsula north of Darwin where Defence Housing Australia (DHA) plans to build a controversial multi-million-dollar housing development, despite calls from Traditional Owners to see the site protected.
"They did a real bad thing already on Lee Point by devastating the area completely, leaving it as barren land ... trees knocked down," Mr Quall said in a statement.
"It takes away our heritage and culture, our knowledge that we have had for thousands for years."
No consultation
Mr Quall claims that, in October 2024, the Heritage Council approved a request from DHA to undertake works that would "disturb and remove" ten Aboriginal archaeological objects at Lee Point.
Those objects included, among others, a grindstone and quartz flake spear tips which were subsequently removed from the area to be stored with the Larrakia Development Corporation until a Larrakia cultural centre is established.
Mr Quall says he was not consulted about the decision even though he was responsible for alerting both the Heritage Council and Defence Housing Australia (DHA) of the presence of sacred sites and cultural heritage within the area.
"It’s a disgrace," he said.
"I didn’t have an opportunity to say anything about that. They just ignored me."
Legal challenge
Tibby Quall has now filed a legal challenge against the Northern Territory government’s heritage body claiming he should have been involved in, and consulted about, this decision as an ‘affected person’, as defined under the Heritage Act.
At the tribunal, Mr Quall will argue the Heritage Council's decision was unlawful because it failed to afford him procedural fairness and natural justice.
Environmental Justice Australia senior lawyer, Kip Frawley, is representing Mr Quall.
"Central to this case are the rights of Traditional Owners to be consulted about matters that affect their Country," Mr Frawley said in a statement.
"This is about our client’s right to protect sacred sites, together with the cultural and natural heritage of Binybara and its surrounds."
Mr Quall has asked that the tribunal determine the Heritage Council’s decision was unlawful or wrong, and for it to be set aside.
He wants the heritage objects returned to the locations where they were found, under the supervision of Larrakia Traditional Owners.
As the matter has been referred to Northern Territory Civil and Administrative Tribunal, the Heritage Council has declined to comment.
A spokesperson from Defence Housing Australia told NITV in a statement that 10 identified artefacts were removed from the site with oversight from Traditional Owners.
"Defence Housing Australia (DHA) most recently conducted an archaeological survey of Lee Point’s ... site in August 2024 in consultation with, and with participation from, Larrakia Traditional Owners and Larrakia Rangers," the statement reads.
"DHA subsequently received approval from the Northern Territory Heritage Council to relocate 10 identified artefacts."
"The artefacts were removed from site in accordance with that approval in November 2024 by DHA’s archaeologist, accompanied by a Larrakia Traditional Owner, and delivered and accepted by the Larrakia Development Corporation (LCA)."
Land clearing or land disturbing work (other than site maintenance) is not currently being carried out and is not expected to continue at the site until the end of the wet season.
