birding-aus

Fwd: Grass Owls benefit from Legal Wisdom

To: birding birding-aus <>
Subject: Fwd: Grass Owls benefit from Legal Wisdom
From: Russell Woodford <>
Date: Sat, 4 Aug 2007 00:52:33 +1000

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 Information in this message may be confidential and may be legally privileged. If you have received this message by mistake, please notify the sender immediately, delete it and do not copy it to anyone else.
We have checked this email and its attachments for viruses. But you  
should still check any attachment before opening it.
We may have to make this message and any reply to it public if  
asked to under the Freedom of Information Act, Data Protection Act  
or for litigation. Email messages and attachments sent to or from  
any Environment Agency address may also be accessed by someone  
other than the sender or recipient, for business purposes.
If we have sent you information and you wish to use it please read  
our terms and conditions which you can get by calling us on 08708  
506 506. Find out more about the Environment Agency at  
www.environment-agency.gov.uk
===============================
www.birding-aus.org
birding-aus.blogspot.com

To unsubscribe from this mailing list, send the message: unsubscribe (in the body of the message, with no Subject line)
to: 
===============================

<Prev in Thread] Current Thread [Next in Thread>
  • Fwd: Grass Owls benefit from Legal Wisdom, Russell Woodford <=
Admin

The University of NSW School of Computer and Engineering takes no responsibility for the contents of this archive. It is purely a compilation of material sent by many people to the birding-aus mailing list. It has not been checked for accuracy nor its content verified in any way. If you wish to get material removed from the archive or have other queries about the archive e-mail Andrew Taylor at this address: andrewt@cse.unsw.EDU.AU