Lake Hawdon Investments and its director, farmer David Hurst, convicted for clearing native vegetation for pivot irrigator
A South Australian landowner has been convicted for unlawfully clearing native vegetation to install an irrigation system.
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A South East landowner has been convicted for clearing 42ha of native vegetation to install an irrigation system.
Lake Hawdon Investments Pty Ltd and the company’s director, David John Hurst, each pleaded guilty to a charge of clearing native vegetation on the Lake Hawdon Rd, Bray, property, near Robe.
In sentencing in the Environment, Resources and Development Court, Senior Judge Michael Durrant said the offending was “serious” and “difficult to detect”.
He said historical aerial searches had shown the “unlawful clearance of native vegetation”, being 38 thinly scattered trees and fallen timber, including dryland tea tree and drooping sheoaks.
“Following that unlawful clearance, a central pivot irrigator was installed in that area,” Judge Durrant said.
He said Hurst had made admissions to investigators about clearing up to 25 “dead or dying trees”.
“While you accept you were fully aware of the requirement to obtain approval to clear native vegetation, you say that you believed those trees were not significant and could be removed without authorisation,” Judge Durrant said.
“By your plea, you accept now that belief was mistaken.”
Judge Durrant said the clearing had caused a “detriment” to the environment and the farm had derived a commercial benefit from the offending.
He said the defendants were “experienced farmers who knew that the clearance of native vegetation was subject to regulation”.
“They could have easily inquired with the Native Vegetation Council about these circumstances, as they had cleared land before and knew what to do,” he said.
“This is serious offending and it is of the type that is difficult to detect.
“It is offending that is often carried out in secret, by persons of otherwise good character.”
Because of the difficulty in detecting the offending, Judge Durrant said there was a “deterrent benefit” in convicting both the company and Hurst “so the whole community may know of this offending”.
He said the law must ensure areas of native vegetation were safeguarded for the “benefit of a healthy and balanced ecosystem”.
Judge Durrant noted the defendants had taken prompt steps to address the offending, planting 600 replacement trees in a fenced-off area and offering to set aside 27ha as an offset, subject to a heritage agreement.
He reduced an $18,000 fine to $10,800 on the company only, as the landowner, to account for the early plea. Hurst was not personally fined.
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