Begin forwarded message:
From: "Angus Innes" <>
Date: 3 August 2007 11:47:03 PM
To: <>
Subject: Grass Owls benefit from Legal Wisdom
I am not sure how much publicity has been given in Australia to a
very recent decision of the NSW Land & Environment Court which
convicted a senior local council manager of offences involving his
responsibility for damage to the habitat of two threatened species,
one of which was the Grass Owl (the other species was the Eastern
Chesnut Mouse).
It would appear to be a very important decision, not just for the
green of hue, but for persons in authority in local governement.
The names "Grass owl" and "eastern chesnut mouse" have just
entered the training manuals for local government managers.
The offences were against the NSW National Parks and Wildlife Act
1974, section 118D. The Defendant was the Director of
Infrastructure of Hastings Council in NSW. The Prosecutor was (in
effect) the NSW Environment Protection Authority.
In late 2003, the Defendant had directed the making of unmetalled
roads through natural habitat in the Partridge Creek area. The
Council knew that Partridge Creek was habitat to both the above
threatened species. Earlier in 2003, the council's own planning and
enviroment department had reported on consultancy work relating to
the acid-sulphate soils of Partridge Creek and their associated
environment, including the threatened species found there - and
with plans of management to mitigate impact on them. Evidence was
given that the Defendant was present at a meeting receiving that
report, in the role of acting General Manager. The reports made it
clear that any proposed works likely to have a significant impact
on the area had to be preceded by an EIS. The Defendant did not
seek an EIS, or consult with those in the Council with expertise in
the environmental considerations, before authorising the works.
Of additional interest to birders, members of the Hastings
birdwatchers club had been used in monitoring the area for the 2003
report and in verifying the existence of Grass Owls in the area.
One member of the club gave evidence of his fauna surveys and of
the road impact. Another amateur birder, of 20 yrs experience
including atlassing, gave evidence not just of his bird
observations in the area, but of a meeting which he and his wife
had to remonstrate with the Defendant after the works had been
done. This birders' evidence of the meeting, which he diarised,
was accepted by the judge and was very telling in confirming that
the Defendant deliberately dismissed the need for an EIS and
dismissed the need for legal advice as to the road proposal.
The whole saga, so far, is set out in detail in the judgement of
Justice Lloyd:
http://www.lawlink.nsw.gov.au/lecjudgments/2007nswlec.nsf/
61f584670edbfba2ca2570d40081f438/79f675b529ac7f04ca257307001b5b90?
OpenDocument
The question of sentence is adjourned to some date in the near
future. Watch out for it.
Angus Innes.
http://www.lawlink.nsw.gov.au/lecjudgments/2007nswlec.nsf/
61f584670edbfba2ca2570d40081f438/79f675b529ac7f04ca257307001b5b90?
OpenDocument
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