A local Koonyum Range resident has been convicted and fined by Mullumbimby Local Court for numerous offences against the National Parks and Wildlife Act 1974 and National Parks and Wildlife Regulation 2019.
The resident failed to check property boundaries before clearing 0.35 ha of native vegetation and constructing an unauthorised building in Mount Jerusalem National Park. With fines and a costs order amounting to nearly $22,000 (including a remediation order of $8,000), the court found the local resident had direct responsibility for the offences.
Mount Jerusalem National Park is home to several endangered and vulnerable plants and animals, NPWS says this sentence is a reminder that native vegetation laws must be taken seriously.
The seriousness of the offences is reflected in the penalty imposed by the court which, in addition to the fines and costs, included two community correction orders of 12 months.
Strong and clear message
NSW National Parks and Wildlife Service Area Manager Jenny Atkins said, ‘The felling of forest oaks impacts directly on the habitat and food resources of the glossy black cockatoo, a listed vulnerable species known to occur in the area.
‘Trees are highly valued in the Byron Shire and their removal, without permission, is not tolerated by NPWS, or the broader community,’ she said. ‘The fines and the community correction orders imposed by the magistrate in the Mullumbimby Local Court support this.
‘This sends a strong and very clear message to people that before you clear land or cut down any trees or do any building work, even on your property, you should know where the property boundaries are.
‘You should always check with the local council to see what is allowed and what is not,’ said Ms Atkins.
The useful information would have been to know if the property was fenced. People will usually clear within their designated boundary, and naturally presume that the fences were put in the correct location in the first place. Many boundaries were placed 100+ years ago, when there was no GPS, and we used a different mapping system. If you had marked boundaries that have existed for more than 16 years, you can claim the extra land as your own under common law. Did the government check where the physical boundaries were when they created the national park, or did they purely go off theoretical maps? They may have committed land thief.
no one cares mate you must have a boring life
That’s a self falsifying statement. You care or you wouldn’t have written anything.
Boring as.. and he’s wrong.
Did the state maintain a delineating boundary under the requirements of the National Parks and Wildlife Act 1974? Have they ever assisted in maintaining that boundary for the previous owners, as required under the same act? If they have ever assisted with that boundary, they have tacitly agreed to her possession.
No such requirement exists under that Act
So nothing about the government having to fork out money for the building of boundary fences or anything?
If you were half the bush lawyer you claim to be, you would have read in the Act & associated Regulations that the Crown (ie government, not good old Charlie) is exempted from all such obligations. But tell me why what is the need or purpose in “maintaining” an unfenced boundary when there is no stock within 30km. Surely survey pegs should suffice, it is an offence to remove them, just as it is an offence to build without a DA, to clear neighbouring property, & in certain instances to clear without approval.
Why do people in towns have fences when there is no livestock? It is my understanding that, though backwards in many ways, NSW also requires neighbours to pay half the cost of a standard fence if their neighbour requests it, and that your national park department thing has a fund for fencing for that very reason. It’s not explicitly written in their establishing act, it’s just a matter of them not being exempt from all other laws, state and federal.
He knew & didn’t care. The bloke is a law unto himself. Then built a house without a DA, with plumbing discharging into the National Park, claimed he was helping alleviate the housing crisis.
Was he wrong? Seems like that is exactly what he was doing.
Free advice from an interstate bush lawyer is worth as much as you pay for it
How is it that the vandal remains anonymous?
And if he ever had any balls, has he still got them?
If he has we can fix that!
Meanwhile, those scum at The Forestry Corporation of NSW and the forestry industry, are committing these atrocities daily and can only operate at a loss, which we pay for while they exterminate the most valuable assets this continent possess.
Cheers, G”)
That’s nothing for this type of vandalism. Once again courts deliver a mere slap on the hand.
And as to the comments above about boundary fences and adverse possession – nobody can claim adverse possession of crown or state land, which includes national parks in Australia. The entitlement expressed is abhorrent.
Mount Jerusalem was subject to the Crown Lands Alienation Act and Crown Lands Occupation Act. At some stage, Squatters and Selectors were most likely fighting over ownership of it, until the Crown reacquired it. If that is an old-established boundary, it may have been acquired by the state in contravention of Section 51(xxxi) of the Constitution. That would make it contested, and subject to adverse possession, which is apparently only 12 years in your state.
As above. Free legal advice from an instate expert on everything again, & worth every cent.
No-one was fighting over it. Your scenario relies on the “likely & “may have been”. You’re not standing up for the bullied & oppressed here, but one of the outrageously ultra-entitled ones consistently ignoring advice & pushing the boundaries (literally). He’s had his (several) day(s) in court & with the same result.
Of course there is speculation. Echo isn’t known for providing the pertinent details. Thus, I ask questions. See all the question marks?
Well since he was already successfully prosecuted & by Byron Shire Council & convicted for illegal clearing “Development without
development consent (tree)” [$60,000 fine + $5,000 court costs] & constructing an illegal dwelling ” Development without
development consent (building)” [$10,000 fine] his surname can be found in Appendix 2 – Legal Proceedings, Matters Settled 1 July 2021 to 30 June 2022 p.150 of BSC Annual Report 2021/21.
It was reported in The Echo June 28, 2022 “Byron Shire resident fined $60,000 for tree clearing”
https://www.echo.net.au/2022/06/byron-shire-resident-fined-60000-for-tree-clearing/
Christian, regardless of whether or not you are correct, the simple thing would’ve been to check with the authorities beforehand. That would’ve avoided the destruction of the trees and the imposition of the fine.
Incidentally, if someone wantonly cut down trees, the fines need to be a lot higher than that handed down in this case. Depending upon the degree of damage, it’s about time custodial sentences were introduced or at least obligate the guilty party to undertake significant, meaningful unpaid community work. Tree planting comes to mind. That might make some people stop and think.
Not sure how ‘wantonly cut down trees’ clearing to one’s boundary fence is. In QLD, you can claim an entire hectare around any structure as a fire break, and you need no permit to flatten the place. 50m around structures, 10m along each side of a fence.
It’s a National Park. It was an illegal dwelling. He knowingly clearing the park to build illegally.
Did you not read the article before posting? Or only the comments? Or is comprehension problems?
Although you seem be believe the laws & courts are always wrong, here’s a tip, they’re not. Good to see you still never let facts get in the way of a good rant
That which courts determine to be legal fact, can be very different to the actual facts on the ground. Do you really think Epstein actually Epsteined himself? Or John Macaffee? Do you really think Israel is innocent of genocide? Give it a few weeks for the ruling to be published on that last one. How about Assange?
Give me the details and I will make my own determinations thanks.
Same thing is happening at Wategos and its littoral rain forest… shame
Agree why not name and shame
The Echo is being responsible. Too many extremists, possibly violent extremists, read the Echo.
Yes, it’s appalling how people take what they can until they get a small slap on the hand whilst pleading ignorance to the crime.
Accountability is paramount when so much is at stake.
This entitled attitude is on the rise because the penalties are low and this behaviour has gone under the radar for far too long. People of this nature take a chance of not being reprimanded because they think they are not being watched and the authorities give them far too many chances once they have been caught in the act.
Narcissistic arrogance is on the rise.
More immediate intense action is needed to prevent destruction of environmentally sensitive places that have taken years and much funding to regenerate.
I have witnessed much of this behaviour of late and it is frustrating at least…
Is it possible he has a mental illness? The reasoning I am being told he used seems about 5 seconds away from thinking he is a woman. Maybe he is involuntarily detached from reality and truly thought everyone would understand and agree….twice…even though they didn’t the first time, and it was obvious they would be keeping an eye on him, but this time they will see it differently….magically. Be careful assigning to malice, that which can be explained by incompetence. Schizoaffective people work exactly that way, and it’s exasperating when you are standing there watching them do it.
Hello. I know who the person is and they are a male who has lived in the area for many years, and they don’t have a mental illness. But they do have a large ego
Fair enough. Thank you.
$22 000 is no deterrent – the land clearing and development will cover this times over. We need to review across the board and value biodiversity with a new lens and value.
NPWS needs a major review from land clearing to dog fines they are way out of step.
Didn’t this happen last year or so on Kooynum Range Was this the same story or is he a repeat offender? I thought the fine last time was $60,000
Our ForestSlaughterer, the damage has been well and truly done, cops a fine. and off on his merry way.
Meanwhile, Our Environment protectors, face 2 years jail PLUS the $22,000 fine.
What is wrong with this situation?
Our hopeless governments ( Lab and LibNat ), they’ve got this. Lol.
The courts are always right. N.See told me so.
No. Let me help you again. I wrote “laws & courts are not always wrong”…. see the difference?
I agree that saboteurs should go to jail. I wasn’t arguing with you.
Every single tree and every living thing that wasn’t a boaty and a thieving farmer Brought here by the parasitic cabal 200 years ago they chopped killed and burnt everything from cairns to Tasmania from the east coast 600km inland and at that point THIS ENTIRE STORY RHE WHOLE OF THE NORTHERN RIVERS WAS BURNT TO THE GROUND AND THE FARMERS (SO CALLED) AND THE PARASITIC CABAL GOVERNMENT COME IN AND STARTED DIVISIONS OF LAND PLOTS, NOT ONLY DID THEY MURDER THE NATIVES THEY TOOK THE LAND AND FROM THAT MOMENT ON NOTHING IS NATIONAL PARK OR FOREST ITS “OVERGROTH” JUST CLEARING THE ALREADY MASSACRED REMNANTS OF GONDWANA LAND! NON OF HAVE RITE TO BE HERE OR COMMENT AND AT ANY GIVEN MOMENTS GOOD OL PUTIN CAN ROCK UP AND DO EXACTLY THE SAME CANT WAIT EITHER! DEATH TO ALL CABAL and any sympathisers On SITE IMMEDIATELY! BY ORDER OF THE AUSTRALIAN PEOPLE AND THE HUMANS OF PLANET EARTH. SO THE AUSTRALIAN GOVERNMENT MURDERED GONDWANA LAND AND KILLED ITS INHABITANTS WHAT YOU GOT TO SAY ABOUT THESE FACTS????
Aboriginals would set fire to forests to ‘harvest’ the animals. They would kill each other over territory. Seems like sour grapes to be angry that we are simply better at it.
He did not destroy it all
That’s a strange point to make Jina…. & it’s definitley no excuse or defence, just as a murderer has no defence to say ‘look at all the people I did not kill’. Or is Giles a mate of yours? The area cleared is reflected in the paltry fine. The obvious reply is he should not have destroyed any. It was not a mistake. It was deliberate & arrogant & it was demonstrated to the courts he was told in advance & he knew beforehand.
You just conflated killing and murder.
If he knowingly trespassed, as you assert, then that’s as issue, trees or not. But it’s not even an acre. I flattened 10x that to make a play area for my kid, and 100x that to make my front yard. That amount of land is a rounding error.
If one was to go for a little excursion around the hills of Byron one would not take long to uncover tens or even hundreds of illegal dwellings but shsss, only certain types are found and penalised.
Dear Greg,
did any of those knowingly illegally clear a National Park, or their neighbours property to build their illegal dwelling? I think not.