> 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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