Farm Claravale Station allegedly violated NT Planning Act by land clearing near Daly River
The Territory Government has waited until the very last minute to hit a Pine Creek farm with criminal charges over alleged land clearing. Find out what is alleged.
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A Pine Creek farm has been hit with the Territory’s first ever land clearing prosecution which alleges hundreds of hectares of bushland were razed over four months.
In a letter obtained by the NT News, new Infrastructure Minister Joel Bowden confirmed legal action had been taken against Claravale Station owners, Top End Pastoral Company.
The letter showed that the NT Government filed criminal charges for violations of the Planning Act against the cattle station, 45 km south of Pine Creek, with only 72-hours left on its legislative deadline.
The area was used to grow feed for cattle, which once included cotton.
It is alleged hundreds of hectares of land next to the Daly River were cleared without a permit between June and September 2021.
The Environment Centre of the Northern Territory said a complaint was formally lodged with the Territory government in November 2021, following a tip-off from the Wagiman rangers.
Claravale was issued a Pastoral Land Board permit to clear 926.65 hectares of land — an area equivalent to six times the size of Nightcliff or Braitling — on September 13, 2021.
However Mr Bowden said on Monday that an investigation had alleged that some of the clearing was done before the application was processed.
“We decided to send that to the courts so they could take a thorough examination of all the issues,” he said.
Mr Bowden said he could not comment further on an active court case.
Top End Pastoral Company co-owner Clayton Coleman declined to comment ahead of the February 27 hearing, where he and his business partner Michael Simmich are due to appear in Katherine Local Court.
Under the Planning Act a criminal prosecution must be started within two years of “any authorised officer or police officer first becomes aware of the commission of the alleged offence”.
However, the letter from Mr Bowden shows that the government filed the criminal charges on November 15 — just three days before the statute of limitations ran out.
ECNT Director Kirsty Howey said while she welcomed the first ever charges over land clearing, the case highlighted the “dog’s breakfast” of environmental policies, safeguards and regulations in the NT.
“This damage to our nature and rivers should have been stopped before it happened,” Dr Howey said.
“It’s unacceptable that the community is forced into the role of watchdog, with the regulator following in our wake years later.”
The ECNT said there were eight threatened species, including the Ghost Bat, Partridge Pigeon and Gouldian finch, that were impacted by the Claravale land clearing.
Dr Howey said there were serious questions to be asked about the Territory’s industry.
“Repeated instances of alleged unlawful clearing show we have a systemic problem in the Territory,” she said.
“Our laws are failing to protect nature, and protect our rivers.”
The NT is the only jurisdiction in the country without native vegetation law, specific biodiversity conservation legislation, State of the Environment reporting, an NT-wide biodiversity strategy or threatened species policy.
Dr Howey said ahead of the August election the ECNT was calling on politicians to commit to a complete reform of land clearing laws.
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Originally published as Farm Claravale Station allegedly violated NT Planning Act by land clearing near Daly River
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