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National

Auvergne Station shelves land clearing, cropping plans amidst court challenge

Auvergne Station's owner requested its land 900-hectare clearing permit be revoked.  (Facebook: CPC)

An environment group's Supreme Court challenge over land-clearing approval given to a Northern Territory cattle station has ended after the property's owner asked for the permit to be revoked.

However, a separate but similar lawsuit brought by the Northern Land Council (NLC) against Auvergne Station's land-clearing permit will continue. 

The two groups launched their challenges against the NT government in February, seeking to have the cattle property's clearing permit overturned. 

The station, 650 kilometres south-west of Darwin, was approved to clear 900 hectares of native vegetation in November 2022, predominantly to grow fodder but to also trial 250 hectares of cotton. 

The permit was revoked by the Pastoral Land Board on Friday May 19, following a request by Auvergne Station's owner, Clean Agriculture and International Tourism (CAIT), which is a subsidiary of the Vietnamese-owned TH Group. 

"Given the considerable challenges with development in the Northern Territory, CAIT are currently reviewing their investment strategies," a spokesperson for CAIT said.

Clean Agriculture and International Tourism had plans to grow fodder crops and dryland cotton at Auvergne Station. (ABC News: Kristy O'Brien)

In April, the NLC made an application to the Federal Minister for Environment, Tanya Plibersek, for protection over the area of the clearing permit. 

A NLC spokesperson said Native Title holders of the area "were deeply concerned about the imminent threat of land clearing to their cultural heritage".

"CAIT had not applied for an authority certificate under the NT Sacred Sites Act and the Pastoral Land Board had not required an authority certificate as a condition of the permit," the NLC spokesperson said.

"Now that the clearing permit has been revoked, the protection application to the minister has been discontinued."

Environment Centre discontinues court challenge

The Environment Centre NT (ECNT) ended its Supreme Court proceedings following revocation of Auvergne's permit.

ECNT had sought to argue that growing cotton was not an approved activity under the Pastoral Land Act. 

CAIT bought Auvergne and two neighbouring stations in 2020 for $135 million. (Facebook: CPC)

Ellen Maybery, senior lawyer at Environment Justice Australia, which is representing ECNT in the case, said it was set to be the first time the NT's land-clearing laws would be tested in court.

"It's clear that the laws don't pass the test and urgent reform is needed," Ms Maybery said.

"That this multinational corporation revoked its own permit is a failure at every level.

"The NT Pastoral Land Board failed to properly respond to our client's concerns about this permit from the get-go."

Last week, the NT government released an "agribusiness strategy", which included a proposal to change the rules for pastoral land tenure "to include cropping and horticultural activities".

The strategy was criticised by environmental groups as setting targets which were unsustainable. 

After its release, NT Farmers Association CEO Paul Burke said the agricultural industry needed "some really clear direction around non-pastoral use permits and how they interact with the diversification [plans]". 

The NLC's case against Auvergne's permit is set to return to the NT Supreme Court on October 19.

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