Stoush over waste stockpile on Darwin Aboriginal land now before the Supreme Court

A Darwin Aboriginal organisation has taken a local property developer to the Supreme Court in a bid to get the company to remove stockpiled waste left on its land along Dick Ward Dr.

A Darwin Aboriginal organisation has taken a local property developer to the Supreme Court in a bid to get the company to remove stockpiled waste left on its land along Dick Ward Dr.

A DARWIN Aboriginal organisation has taken a local property developer to the Supreme Court in a bid to get the company to remove stockpiled waste left on its land along Dick Ward Dr.

The Gwalwa Daraniki Association is seeking the order against Dragon Lady Pty Ltd As Trustee for the ESW Chin Superannuation Fund along with damages, interest and costs.

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A statement of claim filed by the GDA alleges it granted Dragon Lady a licence to occupy 2.5ha of the land in 2009 before giving its consent for the company to stockpile “rock, gravel and landfill” on it.

The writ says an agreement was reached in 2017 to terminate the sublease arrangement on the basis that Dragon Lady pay outstanding fees and remove the stockpiled waste.

The GDA alleges its solicitor wrote to the company’s lawyers confirming that the surrender of the lot was conditional upon it removing the stockpiles but received no response.

The organisation says it then withdrew its consent for the material to remain on the land in October.

“The defendant has failed and continues to fail to remove the stockpiles from Lot 2,” the document reads.

“In the premises and at all material times following 23 October, 2017, the stockpiles constitute a continuing trespass upon the land.

“The plaintiff has suffered loss and damage as a result of the trespass.”

The association alleges the stockpiles are now barring it’s members from their rightful enjoyment of the land and preventing it from seeking any further expressions of interest to sublease the lot.

In response to concerns about the storing of construction waste at the site raised in 2018, Environment Department operations director Peter Vasel said the department was “unable to locate any permits or approvals granted by any government agency for reclamation behind Minmarama Village”.

At the time, a department spokesman told the NT News the Environment Protection Authority was unable to determine who was responsible for the materials on the site.

“If dumping occurs on the Kulaluk lease area and it cannot be determined who is responsible for carrying out the dumping, the responsibility to remove the material falls to the GDA,” he said.

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The 301ha Kulaluk lease was handed back to the GDA as representatives of Darwin’s Larrakia people as a perpetual Crown lease in 1979.

The case returns to court on July 6.