Straddie man Darren Burns fined $20k and told to revegetate cleared hillside land at Point Lookout
A Brisbane Magistrate has found a Quandamooka man guilty of illegally clearing land at salubrious Point Lookout on North Stradbroke Island in 2020.
Redlands Coast
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A North Stradbroke Island man has been fined $20,000 after being found guilty of carrying out a prohibited development on land at prestigious Point Lookout.
Brisbane Magistrate Ross Mack found Quandamooka man Darren Burns guilty of illegally clearing land at East Coast Rd, Point Lookout on North Stradbroke Island/Minjerribah in 2020.
A second charge of carrying out an assessable development without a permit was dismissed.
The court fined Mr Burns $20,000 plus costs and ordered him to revegetate the land.
According to a public statement by council, Magistrate Mack also found that the State Government planning laws were applicable to the land and the clearing of native vegetation, carried out by Mr Burns, contravened section 162 of the State Planning Act, which is a development offence.
The court did not accept the defence that being a native title holder, Mr Burns was exempt from State Government Planning Laws and Council’s Planning scheme, the council statement said.
The court also acknowledged the clearing of native vegetation, in this instance, was not consistent with a traditional customary practice.
Redland City Council said in its statement it considered the illegal clearing of native vegetation a serious environmental offence.
The council said it acknowledged and respected that a native title determination existed over the land, however it said it brought the case to address the unlawful clearing of that land.
“Council takes the unlawful clearing of vegetation seriously and will continue to hold all persons accountable for the illegal clearing of vegetation,” the council website said after the decision.
“Today’s court decision should be a warning for those considering the clearing of trees that you must have the relevant approvals and/or permits in place prior to commencing the removal of trees, particularly native vegetation.”
Redland City Council mayor Karen Williams said the council acknowledged and respected the native title determination and the aspirations of the Quandamooka people.
“However, this court case was solely about clearing of 2900 sqm of protected vegetation on state-owned land despite Mr Burns’ legal representation focusing on native title cultural practice and entitlements.
“Unfortunately, council’s request for state assistance in pursuing this matter was denied and council has once again had to fund a case of national significance to provide clarity not only for residents of North Stradbroke Island but for the state and the commonwealth.
“His Honour Magistrate Mack stated in his summing up that native title enriches our society however what has occurred actually cheapens native title.”
Redland council said it received a large quantity of complaints about potential illegal tree clearings in areas across the city.
The council said a large quantity of the complaints were unfounded and with the majority of property owners doing the right thing, there were occasions when compliance action was required.
Compliance may include enforcement action, revegetation orders and, where significant, prosecution proceedings in a Magistrates court.
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