King Island cattle farmer John Phillip Daniels fined $95k for clearing 19 hectares of native vegetation
A King Island cattle farmer must cough up almost $100k after he cleared hectares of native trees from his multimillion-dollar property. WHY HE SAID HE DID IT >
Tasmania
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A King Island cattle farmer must cough up $95k after he cleared hectares of native trees from his multimillion-dollar property.
John Phillip Daniels, 73, was sentenced in Hobart Magistrates Court on Friday after being found guilty of clearing 19 hectares of native vegetation without a forest practice plan.
It was heard that Daniels had previously held a certified forest practice plan, but had not held one during the offending which spanned March 2018 to September 2020.
The trees cleared included eucalyptus brookeriana.
The court in a sentencing hearing earlier this month was told Daniels owned a property of about 13,000 acres – and was worth between $10-15 million.
His lawyer had argued the purposes of the clearing were to expand the land where his 2500 cattle could graze, to make mustering easier, and to improve welfare conditions for the animals.
“ … This is something Mr Daniels feels extremely strongly about obviously, because he has been subject of attention in the past … and because it is in his interest and the farm’s interest to have the healthiest cattle possible,” his lawyer said.
But prosecutor for the Crown Verity Dawkins argued there had been a commercial gain to Daniels’ actions – a submission Chief Magistrate Catherine Geason in sentencing agreed with.
And despite Daniels receiving two letters in 2018 and 2019 from the Forest Practices Authority that stated some clearing of native vegetation without a plan may have taken place, Daniels continued clearing.
“(It was) sustained conduct over a two-year period, despite intervention of authority,” Ms Geason said.
Ms Geason said an ecologist’s report tendered during the hearing had found “moderate” harm had been done to the land as a result of the clearing.
The court was told while Daniels had no prior matters under the Forest Practices Act, he had some past animal welfare matters.
His lawyer in the earlier sentencing hearing said his client would be able to pay a fine, “even if it were a large one”.
Daniels was fined $80k with convictions recorded.
His company, which was also charged, was fined $15k.
Convictions were recorded.