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LRN December Cover

December 2002

 

New NT vegetation clearing rules to impact on Aboriginal land


Aboriginal landowners in the Top End have been warned that the Northern Territory Government's new interim vegetation clearance controls will affect all land in the NT - including theirs.

The Labor Government promised to put in place controls on native vegetation clearance as part of its 2001 election campaign, and the fact that it has done so has been welcomed by many in the community concerned by the effects of large-scale clearing elsewhere in Australia.

At this stage the NT is still in a relatively pristine condition with less than 2 per cent so far affected by clearing. However, a number of future developments - including broadacre irrigation schemes in the Daly River Basin - are likely to see an increase in the rate of clearing.

Despite needing to move swiftly to implement the controls to prevent 'panic clearing' by landholders - as has happened elsewhere in Australia - the Government has consulted with Aboriginal people to make sure they understand what the controls will mean for them.

The interim controls under the NT Planning Act will be in place for two years, after which they will be reviewed by Parliament and finalised.

A permit to clear vegetation will not be required if the clearing is for mining, house construction or other buildings, fences, firebreaks, railways or roads.

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However, a permit will be required for any other proposal to clear more than two hectares of native vegetation.

Aboriginal people are likely to benefit from the controls by being given more information on the environmental impacts of clearing on their land, as well as the impacts of clearing on nearby land that could have the potential to degrade their land (for instance by the build-up of sediment and nutrients in river systems).

A good case in point are the proposed developments in the Daly River catchment, which will need to pump water from both the river system and bores during the Dry Season to keep plants watered.

Permits will be needed before any native vegetation clearance can begin, and Northern Land Council officers will use the information contained in the permit applications as well as in the various land management plans to keep traditional owners in the region informed.

However, the new clearance regime will also mean Aboriginal landowners' decision-making powers over their own land as set out in the Land Rights Act could be compromised, although this is yet to be tested in court.

At the NLC's 83rd Full Council meeting members said that while such a conflict was unlikely, it was important to maintain the rights of traditional owners over their land. Council resolved to note the new clearing controls and looked forward to taking part in further consultations.

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