The NT Government says the agreement will improve environmental outcomes for the Daly River. Photo: ECNT

THE NORTHERN Territory Government has reached a settlement with the owners of Claravale Farm, resolving a legal dispute over alleged land-clearing on the property in 2021.

The government launched legal action against Claravale owners Michael Simmich and Clayton Coleman from the Top End Pastoral Company in November 2023 for breaching section 75C(2) of the Planning Act 1999.

Top End Pastoral Company purchased the 6310ha Claravale Farm and neighbouring 61,380ha Claravale Station from the Ah Toy family in 2021.

The prosecution came after the Environment Centre NT (ECNT) made a complaint to the government following reports from Wagiman Rangers as managers of the Wagiman Aboriginal Land Trust.

Aired in January 2023 in the Turning a blind eye segment on ABC’s 7.30 program, the allegations state almost 200ha of land was cleared at Claravale without approvals between July and September 2021, and that approvals were granted on September 23 for land that had already been cleared.

Further allegations were featured as part of the ABC Four Corners report Water Grab, which aired on 19 August 19 2024, and contended that satellite imagery indicated cotton was being trialled at Claravale.

In a statement released on Monday, the NT Government said the defendants acknowledged they had cleared vegetation on a section of Claravale Farm without a land-clearing permit.

The government said an agreed resolution with Top End Pastoral Company would result in improved environmental outcomes for the Daly River, which forms part of Claravale Farm’s boundary.

NT Minister for Lands, Planning and Environment Joshua Burgoyne said a covenant in gross will be registered over 80ha within Claravale Farm that had been cleared previously and was not subject to the court proceedings.

“The protective covenant will bind current and future landowners of Claravale Farm, ensuring the area of land is revegetated and protected, with the survey and revegetation to be paid for by the defendants,” Mr Burgoyne said.

“This area will no longer be able to be cleared or disturbed of native vegetation, no agricultural or business endeavours are to be undertaken, and the area must be kept free of weeds and fires.

“Without this agreed resolution, we would not have seen these environmental benefits come into play and we would have a protracted and expensive series of court hearings that could take another two years to reach resolution.”

The protective covenant has been designed for the benefit of the Daly River and ensures that Claravale Farm is now consistent with the NT Planning Scheme Land Clearing Guidelines relating to preservation of native vegetation buffers adjacent to the river.

The covenant in gross will be registered with the NT Land Titles Office over the property, and will apply to current and future owners of Claravale Farm.

Other applications being assessed

The Pastoral Land Board and the Department of Environment and Natural Resources are currently assessing two separate land-clearing applications for sections of Claravale Farm and Claravale Station.

Under the pastoral land clearing application process, Top End Pastoral Company has applied to clear 3851ha of land at NT Portion 1169 for non-irrigated improved pasture for grazing and hay production.

The Pastoral Land Board is assessing this proposal.

The company is also seeking to clear 1909ha of land at NT Portion 1188, the property subject to the Claravale Farm prosecution and settlement conditions.

The parcel is unzoned freehold land, which means the application will be assessed by the DENR rather than the Pastoral Land Board.

The cleared land will be used for improved pasture for grazing and hay production.

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