Decades-long clearing disagreement leaves Murray Mallee farming brothers at wits' end

Kevin and Neville Parker say an administrative error by the then lands department, made when their family entered into a native vegetation heritage agreement in the late 80s, has snowballed into decades of financial strain, legal battles, reputational harm and put a halt to any farm improvements.

The Parkers signed into a native vegetation heritage agreement in 1989, on 120 hectares of scrub on their Maggea property, in order to get a clearing permit on a further 280ha.

Their understanding was the permit had no time limit, but were told it had a ten year expiration after starting clearing operations in the early 2000s.

A letter from then SA Government Biodiversity Assessment Services manager Tim Dendy in December 2001 said the absence of any time limit on formal documentation to the Parkers was an "administrative error" on their behalf.

A Department of Environment and Water spokesperson said a two-year extension had been granted following the ten-year period, but subsequent vegetation clearance had occurred after the extra consent period expired.

The issue came to a head in 2010 when a work order was placed on the farm for illegally clearing, with authorities claiming all the land was under heritage agreement.

While the work order was eventually lifted, the Parkers were informed they weren't allowed to clear any of the land covered by the permit.

Kevin Parker said they have spent hundreds of thousands of dollars on legal, mediation and accountancy fees trying to resolve the matter in the following years, and suffered reputational damage due to the case being covered in media without their input.

Due to the heritage agreement, the Parkers have been unable to borrow money on any of the entire 3600ha farm, which is all on the same title, to make improvements.

Financially hamstrung since the Millennium Drought, the Parkers have been running livestock to keep afloat but have been unable to pull together the money to put a crop in for more than a decade.

Kevin is concerned the farm's title can't be transferred to the next generation until the issue is resolved and believes the marginal farming country is earmarked for native vegetation.

"This is going on 13 years this coming August," Mr Parker said.

"I want to know how many farmers in the Murray Mallee can lose their cheque book for 13 years and still be farming.

"That's basically what's happened over that land."

The Parkers want the clearing permit reinstated in order to make the land viable for cropping, and also want compensation paid for legal fees and lost income from having their enterprise stymied.

A swift end to the matter looks unlikely, with the DEW spokesperson saying the department was "well aware" of the Parker's case and had been involved in significant and ongoing engagement over many years to seek a resolution to their issues.

"Despite these efforts, no resolution has been able to be reached as the Parkers have not been willing to accept that current legislative requirements apply," the spokesperson said.

"The permit to clear the land expired 20 years ago and cannot be reinstated.

"A new application to clear the land would be required, however the Native Vegetation Act would prohibit the Native Vegetation Council from consenting to the clearance.

"The Parkers have previously applied and been refused consent to the proposed clearance in 2012."

The Parkers were not satisfied with the department's response, saying the original terms of the agreement should apply and not be changed to suit the department's liking or altered due to changes in legislation.

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