Manjimup land battle escalates

Peter Swift.

Manjimup farmer Peter Swift learns tomorrow whether he faces foreclosure on his property after a multi-year battle in which he was accused of clearing land but was later found to be innocent.

The date for negotiations between his bank and the Financial Ombudsman over the matter was April 3, and, as of Tuesday, Mr Swift was unaware of any progress being made.

But he said his lender P&N Bank could expect a showdown if it tried to enter his property, as the State Government had put him in this situation and led to his inability to service the debt.

Furthermore, the bank lent money on the basis the full property could be farmed, which was not the case because of environmental restrictions.

Mr Swift was charged in 2009 by the then-Department of Environment and Conservation after it identified the alleged native vegetation loss at Mr Swift's property using satellite imagery monitoring.

He had faced penalties of up to $250,000 and three years jail if convicted of breaching a section of the Environmental Protection Act relating to the unauthorised clearing of native vegetation.

Mr Swift maintained his innocence throughout the trial, claiming the vegetation he had been accused of destroying was cleared before he bought the property in 2007.

A Bunbury court acquitted Mr Swift of the offences but the ordeal left him on the brink of financial ruin with an estimated $360,000 in losses, largely because of legal fees.

Adding further salt to the wound is the same environmental legislation, which means about half of his 1200-acre property is deemed environmentally sensitive and cannot be farmed despite the rural farmland zoning.

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Manjimup land battle escalates