A Central Queensland man who was contracted to clear endangered remnant vegetation on his neighbour’s property was fined $20,000 yesterday in the Rockhampton Magistrates Court.

Donald Charles Edmistone pleaded guilty before Magistrate John McGrath to clearing native vegetation on a property known as “Orange Grove” at Dingo, 150km west of Rockhampton. No conviction was recorded.

The $20,000 penalty is the biggest fine handed to a contractor (non land owner) under the Integrated Planning Act 1997 and Sustainable Planning Act 2009 for a vegetation clearing offence.

In 2009, Mr Edmistone cleared 465 hectares of vegetation – the equivalent of approximately 930 rugby fields – after being contracted by the property’s owner.

More than half the vegetation cleared was classified “endangered remnant vegetation”. This was one of the largest remaining areas of endangered native vegetation in Queensland.

The Department of Environment and Resource Management’s Director of Litigation Reuben Carlos said the contractor had broken the law under the Integrated Planning Act 1997.

“Contractors have a responsibility to check whether permits to clear land are required, and if so, whether the landholder has obtained those permits,” Mr Carlos said.

“Contractors must make sure the property owner has gone through the proper channels before any clearing is carried out.”

The court heard that Mr Edmistone had been under the mistaken impression that the property owner had obtained a permit to clear the land. It also heard that Mr Edmistone had cooperated with the Department of Environment and Resource Management by immediately admitting liability and cooperating with the investigation.

Mr Carlos said the fine would serve as a deterrent to other contractors who did not understand the seriousness of Queensland’s clearing laws.

“The department is determined to protect Queensland’s vegetation and prosecute those who do the wrong thing,” he said.

Mr Carlos advised landholders who are considering clearing their land to consult the relevant local government, the department and relevant Federal Government departments.

Source: http://www.derm.qld.gov.au/media-room/2010/07/14-contractor-fined.html