The Environment Centre NT and the Northern Land Council, on behalf of traditional owners, are taking the NT Government to the Supreme Court to challenge a corporation’s plans to clear tropical savanna, arguing the land clearing permit is invalid, the proponent’s plans require better environmental assessment, and that the Pastoral Land Board appears to be treating cotton growing as a pastoral activity.

Environment Centre executive director Kirsty Howey said that last year the NT Pastoral Land Board permitted multinational corporation Clean Agriculture and International Tourism to clear 923.33 ha at Auvergne Station in the Victoria River region, and the centre believes the company wants to grow cotton on the land.

The clearing permit shows the application was signed off by Parks and Water Security Department chief executive Jo Townsend on November 25, with the reason for the clearing given as “pastoral purposes”.

According to the company website, Argyle Downs, Auvergne, and Newry stations with a total of 732,900 ha and with 60,000 head of cattle, were bought by Vietnamese investor TH Group in 2019, who then later established CAIT. It states CAIT’s development plan includes maintaining natural cattle breeding and increasing irrigated farming such as growing fodder, cotton and other crops.

In a 2020 interview with ABC, CAIT’s general director Steve Petty said the initial focus would be improved pasture, and then a move into cropping, initially forage crops such as sorghum but they would also investigate cotton.

“The key place would be Auvergne, where there is a lot of potential,” he was quoted as saying.

“There is interest in the cotton area — there is a lot of work going on in the Territory and the Kimberley into opportunities. So they will look closely at that [in the future],” Dr Petty said.

“There is quite a bit of research that still needs to be done in terms of what is going to be economic and what makes sense.”

The company websites states the construction of the irrigation system is very important and ensures long-term stable cultivation.

“Based on the actual weather condition of CAIT’s areas, with deep survey on different condition of each area, the necessity of irrigation system is put under serious consideration,” the website continues.

Under the heading of cotton it states 500 ha is being proposed for approval in 2022, with the priority area, red land along the main entrance to the farm and the flat black land in Lot 5, but does not specify which station it is referencing.

It also talks about growing buffel pasture, mahogany, leucaena, and sorghum.

In the 2020 report, the ABC said TH Group runs around 45,000 dairy cows, producing around 40 per cent of the country’s fresh milk and in 2018 put $US630 million towards a milk processing plant in Russia. Their website also shows the company is into forestry, sugar cane, and fruit and vegetables.

Ms Howey said the ECNT, represented by Environmental Justice Australia, will argue the land clearing permit is invalid, and the proponent’s cotton plans require better environmental assessment.

“This is the first time a court will test the Territory’s land clearing laws in the Pastoral Land Act,” she said.

“It could set a vital precedent to ensure the rapidly expanding cotton industry cannot continue to clear land without proper oversight, assessment of the risks of environmental harm or notification to native title holders.

“If successful, this case could help protect some of the largest remaining intact savanna on Earth. The Northern Territory’s savanna is a national treasure, part of a largely intact ecosystem stretching from Cape York to the Kimberley.

“But it is in crisis. Like the Great Barrier Reef, it’s a vital ecosystem that’s literally collapsing before our eyes. The Northern Territory Government should be doing all it can to protect it.”

Northern Land Council chief executive officer Joe Martin-Jard said in a statement the plaintiffs were three senior members of the Ngarinyman-Wulayi group, who hold native title over the country that is to be cleared.

He said the challenge was made on the grounds that the rights and interests of native title holders and sacred site custodians, including their traditional rights to use the land which are reserved under the terms of the pastoral lease, were not properly considered.

Native title holders also claim that the decision-making process was procedurally unfair and that a purpose of the land clearing is to grow cotton, which is not a permitted pastoral activity.

Mr Martin-Jard said the NLC is concerned sacred sites are regularly put at risk by land clearing on cattle stations because the Pastoral Land Board does not require the holders of land clearing permits to obtain a sacred site clearance as part of the application process.

“The NLC is not opposed to development but it must be done in a sustainable and respectful way,” he said.

“It’s not good enough that Aboriginal Territorians with legal rights on country subject to pastoral leases have no opportunity to have their voices heard before land clearing is permitted. Native title holders are now having to turn to the courts to try to have their rights and interests acknowledged and respected.

“The Pastoral Land Board appears to be treating cotton growing as a pastoral activity.”

The NT Pastoral Lands Board and the Environment, Parks and Water Security Department chief executive officer Jo Townsend did not respond to a request for comment.

NT Farmers Association chief executive officer Paul Burke did not return a phone call.

Mr Petty was also contacted for comment.