Wollondilly landowner faces huge fine for illegal clearing

An unlawful clearing case on a Wollondilly property has been successfully prosecuted by the State, resulting in undertakings and penalties to the value of $480,000 to be paid by the landowner and the contractor who carried out the clearing. A substantial amount of clearing was carried out on the Oakdale property, resulting in a report to Council by locals who were distressed by the large quantities of the vegetation they observed being removed from the vacant land. The vegetation was classified as an Endangered Ecological Community. Due to the non-compliance under the former Native Vegetation Act, the Office of Environment and Heritage (now the Department of Planning, Industry and Environment) took on the matter and prosecuted the contractor under the State Act. The Department has also accepted an enforceable undertaking from the landowner. Mayor Matthew Deeth noted, “This is an important reminder to Wollondilly residents that all clearing of vegetation requires approval unless an exemption applies.” “Clearing without approval or exemption can attract significant penalties for both the landowner and those who undertake the clearing,” he said. Exemptions include those under the Local Land Services Act, the RFS 10/50 Code of Practice, the Biosecurity Act, the Wollondilly DCP and certain other legislation. There are many factors that can affect clearing allowances including property size, type of vegetation, size of the area to be cleared, purpose for clearing, proximity to watercourses and the proposed clearing method. Prior to undertaking clearing of trees or vegetation, property owners or contractors should contact Local Land Services for Rural Zoned properties or Council for any other zoning to obtain advice specific to their property. Suspected illegal clearing activity should be reported to Council on 4677 1100 [email protected] or the Environment Line on 131555. Information should include dates, times, location, and registration numbers of vehicles and it is recommended that diary notes are taken of what is observed.

More information on clearing regulations in NSW can be found at Local Land Services and the NSW Government Website.