Tibor Glesk appeals Little Mountain koala vegetation decision by DES

A homeowner has been given more time to appeal a decision to force him to replant koala trees he allegedly cleared. Find out why.

A Tallowood Close, Little Mountain resident was told he must replace koala vegetation he allegedly cleared.

A Little Mountain homeowner who was told he must start replanting after he allegedly cleared koala vegetation has been granted more time to appeal the decision before rehabilitating the site.

The Department of Environment and Science had issued an enforcement notice to Tallowood Close property owner Tibor Glesk after he allegedly cleared native vegetation on land within a koala habitat area outside a koala priority area.

The clearing allegedly happened between January 21, 2021 and February 3, 2021.

A judgement published by the Planning and Environment Court on November 8 showed Mr Glesk was appealing the decision.

Court documents showed as part of the enforcement notice, Mr Glesk needed to take certain actions to rehabilitate part of the land and had to start by November 10.

Mr Glesk had asked the court that the “operation of the enforcement notice be stayed” until the appeal was finalised.

According to court documents native trees within a koala habitat area were cleared in early 2021.

Court documents showed the start of the appeal by Mr Glesk did not automatically “stay” the enforcement notice.

In handing down his decision, Judge Michael Williamson said that he accepted a stay for the enforcement notice should be granted.

He said the respondent, the Department of Environment and Science chief executive, was not opposed to the request and the vegetation clearing was alleged to have occurred nearly three years ago.

“There is no suggestion there is some pressing need for the rehabilitation required by the enforcement notice to be carried out immediately, such as to avoid adverse ongoing environmental impacts,” he said.

“The stay would do no more than preserve the status quo, pending the determination of the appeal in that context.

“Third, it is not said the appeal is frivolous or unarguable.”

Mr Glesk was approached for comment and declined because the matter was before the court.