Magistrate delays sentence for Wheatbelt shire that illegally cleared flora in endangered reserve for new road

A Wheatbelt shire has been in court after admitting to clearing native flora from an endangered reserve without a permit and laying a road in its place. The charge carries a maximum penalty of $500,000 with Magistrate Rosemarie Myers putting off her sentencing decision to seek more information about similar offending. Shire of Dumbleyung president Amy Knight and chief executive Gavin Treasure appeared in Katanning Magistrates Court on February 17 on behalf of the shire, which was charged with allowing the clearing of native vegetation without authorisation. The shire representatives pleaded guilty to the single charge during the appearance. Prosecutor Caitlin Gilchrist told the court between July 9 and October 15 2020, the shire cleared 1.5ha of native vegetation in Hills Road Reserve in Tarin Rock, and laid a 600m length of road in the area. Ms Gilchrist said the Shire of Dumbleyung had previously conducted a survey of native vegetation in the area and held a permit allowing the clearing and widening of Hills Road, but it had expired in October 2011. She said between 2011 and 2020, there were several emails between the Department of Water and Environmental Regulation and the shire of Dumbleyung regarding the clearing project, including staff requesting permit exemptions and review without permits. Ms Gilchrist said no exemption was given. She said on August 11 2021, DWER sent a letter requesting an interview with Mr Treasure, who was newly appointed to his role. Mr Treasure declined the request on August 24 and stated that all the information regarding the unauthorised clearing had been provided. The shire’s lawyer Cheyne Beetham told the court road safety was the purpose of the clearing, as the new length of road replaced a dangerous sharp bend. Mr Beetham said since the offence that occurred about 5½ years ago, the shire staff had changed and “the people responsible are no longer there”. Despite this, he said the current shire staff felt remorseful and had entered a guilty plea at the earliest opportunity, and they had taken accountability and assisted with the investigation. Mr Beetham said the matter was a “novel” one for the court and he had only found one case to assist with sentencing in which 8ha of native vegetation was cleared for commercial purposes and warranted a $25,000 fine. Compared with the example case, he said the shire’s offending was at the lower end of the scale as other cases involved “tens of thousands of hectares being cleared”. Mr Beetham suggested a modest fine would be appropriate, and the risk of reoffending was low. Ms Gilchrist suggested the shire should be ordered to re-vegetate the reserve as the woodland was endangered, and to “make good” the damage the clearing had caused, like soil structure disruption. She said the shire was aware of the legal requirements as it had obtained a permit previously which was unused, and the offence displayed “carelessness” and “deliberate disregard of the law”. Ms Gilchrist told the court the maximum penalty was $500,000, and suggested $819.30 in costs. Ms Myers requested both the prosecution and the defence to submit other sentencing outcomes for cases relating to the charge before making her own sentencing decision. She also asked for a map clearly showing the area before the clearing, the dangerous bend, what was cleared, and the new road. The shire of Dumbleyung will return to Katanning Magistrates Court on March 24 for sentencing.