Hi all
Ironic that this EPBC story came through today
I have just found out that drilling for the Hattah proposed toxic waste
dump (NW Victoria) will definitely commence Tuesday 26th October. This is
despite the dump still requiring assessment and approval under the EPBC
Act, with Mallee Emu-wren one of the controlling provisions. I have
notified DEH but this doesn't seem to have done anything. It is beyond me
how drilling can commence without assessment of potential
impacts.
We know Mallee Emu-wren are on the site (see Sean Dooley 21-10-04), we
know they nest and hide in tussocks of Triodia, we know it is
currently nesting season. The drilling rig is large (1.2m wide by 2.4m
long) and will be traversing untracked mallee with a dense Triodia
understory. 34 bore holes are to be established on the 1km by 1.5km site.
It seems to me that this would result in disturbance
to nesting birds, destruction to nests and possible death of fledglings
if the drilling rig is allowed to commence drilling of boreholes on this
site during the nesting season.
I included in my submission, communication from Rohan Clarke, Andrew West
and Jody Gates (amongst others). Their comments indicated an alarming
decline in the abundance of Mallee Emu-wren in recent years;
Hattah-Nowingi is a key population; and any habitat that contains Mallee
Emu-wren currently is critical habitat.
I have no idea what the next step should be
Regards
Fiona Murdoch
Colignan, Victoria
At 13.50 22/10/2004 +0930, you wrote:
> FYI
> >
> > Subject: FW: EPBC Act Compliance
> >
> > >
> > > Below are details of a recent judgement involving an
EPBC Act
> > prosecution
> > > for your information
> > >
> > > Record penalty for illegal clearing of wetland
> > > Gwydir Ramsar Wetlands - Penalty decision
> > > The Federal Court of Australia has imposed a record
$450,000 penalty
on
> > a
> > > NSW farmer and his company for illegally clearing and
ploughing a
> > wetland
> > > of international importance. This is the heaviest penalty
yet to be
> > > imposed on an Australian landholder for damage to the
environment and
is
> > > the first civil prosecution against a party in relation to
a matter of
> > > national environmental significance under the Environment
Protection
and
> > > Biodiversity Conservation Act 1999 (EPBC Act).
> > > The penalty follows a Federal Court decision of 11 June
this year,
which
> > > found that Mr Ronald Greentree and AUEN Grain Pty Ltd had
contravened
> > the
> > > EPBC Act as a result of clearing, ploughing and
wheat-cropping
> > activities
> > > conducted within the Gwydir Ramsar Wetlands, near Moree,
in New South
> > > Wales.
> > > The court fined Mr Greentree $150,000 and his company,
AUEN Grain Pty
> > Ltd,
> > > $300,000 for significant impacts caused to the wetlands
and awarded
> > costs
> > > to the Australian Government.
> > > The court issued an injunction preventing Mr Greentree
from taking any
> > > further agricultural activity on the land, and also from
running
> > livestock
> > > on the site until at least 2007. Mr Greentree was also
ordered to
> > > rehabilitate the site.
> > > Before and after shots
> > > <<...OLE_Obj...>>
> > > <<...OLE_Obj...>>
> > >
> > > The EPBC Act
> > > The EPBC Act was introduced in July 2000. Under the Act,
actions that
> > have
> > > or are likely to have a significant impact on the matters
of national
> > > environmental significance are prohibited unless prior
approval is
> > granted
> > > by the Minister for the Environment and Heritage.
> > > Matters of national environmental significance protected
by the EPBC
Act
> > > include:
> > > * Ramsar wetlands of international
importance;
> > > * nationally threatened animal and plant
species and ecological
> > > communities; internationally protected migratory
species;
> > > * world heritage and national heritage places;
and
> > > * Commonwealth marine areas.
> > > The Gwydir Wetlands are one of Australia's 64 Wetlands
of
International
> > > Importance, listed under the Ramsar Convention. Ramsar
listed sites
are
> > > representative, rare or unique wetlands, and are important
for
> > conserving
> > > biological diversity. They provide seasonal breeding and
feeding
grounds
> > > for close to 500,000 colonial water birds, including rare
and
migratory
> > > birds, such as magpie geese, glossy ibis and
brolgas.
> > > Summary of reasons for the Federal Court's decision
> > > In making his decision, Justice Sackville found that Mr
Greentree
> > > instructed the farming operations manager of Greentree
Farming to
clear
> > > and plough land on the Windella property in preparation
for a seed
bed.
> > By
> > > 30 July 2003, virtually the whole of the Ramsar site on
Windella had
> > been
> > > cleared and ploughed. By 16 August 2003, approximately 30
percent had
> > been
> > > sown with wheat.
> > > Justice Sackville found that 'the contravening conduct by
Mr Greentree
> > and
> > > Auen was deliberate' and that 'Mr Greentree (and, through
him Auen)
was
> > > well aware that any unauthorised action on his part that
had
significant
> > > impact on the ecological character of Windella Ramsar site
would
> > > constitute a contravention of the EPBC Act.'
> > > 'Mr Greentree was well aware of the approximate boundaries
of the
> > Windella
> > > Ramsar site when he gave instructions for the clearing and
ploughing
of
> > > virtually the whole site and the sowing of wheat on a
substantial part
> > of
> > > the site. When giving the instructions, Mr Greentree knew
that
whatever
> > > ecological character the site retained as a wetland would
be largely
> > > destroyed, at least for a lengthy period, once his
instructions were
> > > carried out.'
> > > Justice Sackville also found that 'the contravening
conduct took place
> > > over a period of time' and that 'the deliberate conduct
was more than
an
> > > isolated act of the kind that might occur as the result of
an
impulsive
> > > error of judgment. It was planned conduct.'
> > > The actions of Mr Greentree and Auen caused significant
ecological
> > damage
> > > to the Windella Ramsar site. 'The native vegetation
remaining on the
> > site
> > > in February 2003 was almost entirely removed. Moreover,
the capacity
of
> > > the site to regenerate as a wetland refuge for native
plants and as a
> > > habitat for native fauna has been severely
impaired.'
> > > In setting the pecuniary penalty, Justice Sackville noted
that neither
> > Mr
> > > Greentree nor Auen has shown contrition for their conduct.
Nothing has
> > > been said on their behalf that amounts to an
unqualified
acknowledgment
> > > that their conduct was wrong. Nor have they expressed
regret at the
> > > environmental damage that their conduct has caused.
Justice Sackville
> > > rejected the contention that the conduct was the result of
an honest
but
> > > mistaken belief.
> > > Working with farmers
> > > A focus of the Australian Government since the
introduction of the
EPBC
> > > Act has been to work with farmers to increase
understanding of the Act
> > and
> > > help landholders meet their obligations. Most farmers are
good
> > > environmental managers keen to use whatever resources are
available to
> > > protect both the natural and economic value of their land.
The
> > Government
> > > will continue to help them work within the
legislation.
> > > As an example of the assistance that is provided, the
government funds
> > an
> > > officer who works with the National Farmers Federation to
provide
advice
> > > and assistance to farmers who think they may be impacted
by the
> > > legislation.
> > > Staff from the Department of Environment and Heritage
often work with
> > > farmers who have endangered communities on their land to
develop farm
> > > management strategies that allow property development
while protecting
> > > important parts of the environment. The Department has
negotiated a
> > number
> > > of conservation agreements with farmers to help them with
the process
of
> > > protecting important habitats on their farms.
> > > Resorting to legal action to enforce the Act is not
undertaken lightly
> > and
> > > used only in the most serious cases, and only after
cooperative or
> > > alternative approaches to resolving disputes have failed.
Landholders
> > who
> > > do the right thing by the environment and the law can see
that others
> > who
> > > seek advantage by disregarding environmental regulations
will be
called
> > to
> > > account.
> > > For more information on the penalty decision go to the
Federal Court's
> > > website at:
> > > *
<http://www.austlii.edu.au/au/cases/cth/federal_ct/2004/1317.html>
> > >
> > > Landmark Federal Court Decision
> > > In the first case concerning impacts on a matter of
National
> > Environmental
> > > Significance under the Environment Protection and
Biodiversity
> > > Conservation Act 1999 (EPBC Act), the Federal Court ruled
in favour of
> > the
> > > Minister for the Environment and Heritage, Dr David Kemp,
in his civil
> > > case against the manager of the Windella wheat farm,
Ronald Greentree.
> > > Dr Kemp took civil action against Mr Greentree in 2003,
after a site
> > > inspection revealed that the 100 hectares of the Gwydir
Wetlands
located
> > > on the 1200-hectare Windella wheat farm, near Moree, had
been cleared
> > and
> > > ploughed without approval.
> > > On 11 June 2004, the Federal Court found that Mr Greentree
and his
> > > company, Auen Grain Pty Ltd, were responsible for the
clearing and
> > > subsequent planting of a wheat crop within the
Ramsar-listed Gwydir
> > > Wetlands on Windella, and that this activity had a
significant impact
on
> > > the ecological character of the wetland.
> > > Under the EPBC Act, actions that have or are likely to
have a
> > significant
> > > impact on the ecological character of declared Ramsar
wetlands are
> > > prohibited unless prior approval is granted by the
Minister. The
maximum
> > > penalty provided for such offences under the EPBC Act is
$550 000 for
an
> > > individual, or $5.5 million for a body corporate. The
matter will be
the
> > > subject of further hearings in the Federal Court in coming
weeks, in
> > > relation to the penalty and any rehabilitation
orders.
> > > The Gwydir Wetlands are one of Australia's 64 Wetlands
of
International
> > > Importance, listed under the Ramsar Convention. Ramsar
listed sites
are
> > > representative, rare or unique wetlands, and are important
for
> > conserving
> > > biological diversity. The Gwydir Wetlands provides
seasonal breeding
and
> > > feeding grounds for close to 500 000 colonial water birds,
including
> > rare
> > > and migratory birds, such as magpie geese, glossy ibis and
brolgas.
> > > For more details, the judgement can be found at:
> > > *
<http://www.austlii.edu.au/au/cases/cth/federal_ct/2004/741.html>
> > >
> > >
> > >
> > >
> >
>
>
>
>
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