Dr Jonathon Howard, NPA Executive
The Department of Climate Change, Energy, the Environment and Water (DCCEEW) is reporting that Auen Grain Pty Ltd and a landowner have been fined more than $2 million plus $278,000 in prosecution costs, by the NSW Land and Environment Court for unlawfully clearing 1,262 hectares of native vegetation. The landowner’s fine of more than $1 million is the largest ever imposed in NSW on an individual, and the highest under NSW legislation.
The sentence was imposed after Auen Grain Pty Ltd and the landowner were found guilty by the Court on 23 December 2022 of eight separate land clearing events between December 2016 and January 2019 involving the removal of native vegetation on a property known as ‘Boolcarrol’, northwest of Narrabri.
The Court heard that six of the clearing events were contrary to Section 12 of the Native Vegetation Act 2003, and two of the clearing events were contrary to Section 60N of the Local Land Services Act 2013.
The clearing resulted in the loss of a significant area of remnant vegetation, including Coolibah-Black Box Woodland, an endangered ecological community listed under both the Biodiversity Conservation Act 2016 and the Environment Protection and Biodiversity Conservation Act 1999.
These woodlands are only found in the upper Murray-Darling Basin and the southern Fitzroy River system. In NSW, the majority of the community occurs within the Darling Riverine Plains and Brigalow Belt South Bioregions. Land clearing continues to threaten Coolibah – Black Box Woodland in the Darling Riverine Plains and Brigalow Belt South, with rates of declines averaging 1.4-2.1% per annum.
The cleared area on ‘Boolcarrol’ where this incident occurred included critical habitat for 30 threatened species, including the Glossy Black Cockatoo, Pale-headed Snake, Spotted Harrier, and Yellow-bellied Sheathtail Bat.
Landholders are strongly encouraged to contact Local Land Services (LLS) for advice before they start any land management activities. LLS is there to help the community understand their land management options and obligations. Further information can be found on the Local Land Services website.
Ingrid Emery, Executive Director Regional Delivery, Biodiversity Science and Conservation (DCCEEW) said “It was disappointing to learn that an area larger than the size of Sydney Airport had been cleared to make way for a private airstrip, crops and cattle yards, at a time when NSW is losing critical biodiversity.
“We are pleased with the outcome of this case, particularly given the landholder’s prior convictions for similar offenses. Native vegetation plays a critical role in supporting biodiversity, protecting threatened species, and maintaining ecosystem health”.
The significant penalty imposed by the NSW Land and Environment Court reflects the gravity of the environmental harm caused and sends a strong message about the importance of safeguarding our natural heritage.
Further reading
Land and Environment Court Judgement: https://www.caselaw.nsw.gov.au/decision/1937538a16cf0a51811f9adb
Guardian article: https://www.theguardian.com/australia-news/2024/nov/29/nsw-farmer-fined-land-clearning-koala-habitat