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Matthew Rollason
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Clearing Offence Attracts Record Fine

Focus: Example of move towards tougher penalties for illegal vegetation clearing and failure to obtain development permit
Services: Property & Projects
Industry Focus: Property
Date: 10 October 2011
Author: Linda Morris, Partner and Vanessa Thompson, Lawyer

The largest fine ever imposed on an individual for illegal vegetation clearing was handed down against a western Queensland man by the Roma Magistrates Court.

 

The defendant, Sam Scriven, was fined $118,000 and ordered to pay $23,823.59 in legal costs to the Department of Environment and Resource Management (DERM).

 

The DERM took action against Mr Scriven for clearing over 1800 hectares of native vegetation after it became aware of the clearing by examining satellite photographs of his property, west of St George.

 

At the hearing, Mr Scriven claimed that the clearing was required to provide feed for his cattle. The Roma Magistrates Court accepted that had he applied for a development permit he may have been granted one, but said that what had been cleared was far in excess of what would have been permitted.

 

The decision is an example of the move towards tougher penalties for illegal vegetation clearing and of the serious consequences that can result from failing to obtain a development permit.

 

Federal, State and local laws may apply to vegetation clearing. Remember to always seek advice before clearing vegetation on any property.
 
For more information, please contact:
 
Linda Morris | Partner 

T +61 7 3100 5014
+61 7 3100 5001
 
 
The information in this document is provided for general guidance only. It is not legal advice, and should not be used as a substitute for consultation with professional legal or other advisors. No warranty is given to the correctness of the information contained in this document, or its suitability for use by you. To the fullest extent permitted by law, no liability is accepted by DibbsBarker for any statement or opinion, or for an error or omission or for any loss or damage suffered as a result of reliance on or use by any person of any material in the document.
 
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