$210,000 and $17,500 tree fines Byron Bay Court

Eric Frei · 3rd April 2010, 07:56 AM

Eco vandal fined $210,000 | Northern Rivers News | Local News in Northern Rivers | Northern Star

Quote:

A 60-YEAR-OLD man who cleared 255 trees in a koala habitat on his Main Arm property will have to pay $210,000 in fines and legal fees.

Christopher McIlrath was found guilty of the removal and destruction of the trees while carrying out road development without consent.

McIlrath, who did not front Byron Bay Local Court this week because he was in East Timor, did the work on his property without the consent of the Byron Shire Council.

Magistrate Jeff Linden fined him a total of $150,000 for the offences, while the council, represented by lawyer Ralph James, was awarded professional costs. McIlrath was ordered to pay its $60,000 legal bill.

McIlrath’s actions were contrary to the Tree Preservation Order under the Environmental Planning and Assessment Act. It included the destruction of seven threatened and rare species of trees.

In council evidence before the court, the two offences took place in February, 2007, when earthworks were done in the construction of a road without council consent.

The charges were instigated after a neighbour complained to council on February 5, 2007, about a bulldozer making a road through a property owned by a multiple occupancy group known as Kohinoor Pty Ltd.

Mr James said there had been a single person walking track – a ‘snigging track’ left over from logging days that the bulldozer with ‘an 11ft blade’ had widened.

In a statement before the court from Mr James, a council officer who met McIlrath at the scene near an ‘idling’ yellow Komastsu bulldozer was told by the property owner he was ‘upgrading an old track’ and had received ecological advice there were no threatened species or other ecological issues that needed to be addressed.

When council officers returned two days later a new road had been built with trees removed. A significant number of native trees had been pushed completely over and stacked along the side of the road.

Businessman Barry Harding, of Uki near Murwillumbah, who operates Hardings Earth Moving, was fined $17,500 after pleading guilty to his role in the removal of the trees.

Harding told the council officer that his company was doing road construction and earthworks on the orders of McIlrath who was paying for the work.

Despite a council request to stop all work on February 7 the council officer observed two days later that many rainforest species had been destroyed.

A road had been constructed on a steep slope, crossing a number of steep gullies, leaving significant amounts of exposed soil.

In his defence Harding said he did not know trees on the track were covered by a tree preservation order.

Mr James stated Byron Shire Council had been unable to find any development consents or other relevant approvals for earthworks, tree removal or road works for the property.

The only council approved plans had been in 1991 to allow a six-site multiple occupancy.

An independent environmental report by research scientist Robert Kooyman of the damage identified a total of 255 trees greater than 3m in length as being destroyed (mortalities) along the road construction impact site and adjacent areas.

“The clearing and disturbance is likely to have a significant and deleterious effect on both the lowland rainforest and associated plant species,” his report stated.

Speaking outside the court Mr James said the compliance department of the council was being ‘vigorous’ in the prosecution of people who damaged the environment without obtaining relevant development consent.

Apocalypsse · 3rd April 2010, 01:29 PM

Boom snap. Hopefully this helps deter people from clearing trees especially without permits to do it coz thats one hell of a fine. I can understand people clearing for fire breaks (still dont like it when its not permitted), but this is going a bit too far.

chrisingham · 7th April 2010, 06:48 AM

That's a hefty amount to pay up. Hopefully, it will serve as a lesson to others who do things as they please without considering how it impacts anything else. But heck, that's one hefty fine!

loggerBOB · 7th April 2010, 06:09 PM

The fine would have been costed into the development and would be a pittance in the value it would have created

trout · 7th April 2010, 08:59 PM

this is off thread I apologise , just heard on the local news channel . that the city of wanneroo (perth aus ) built a raised walkway across the dunes ( unfortunately they only submitted plans for a concrete path , the locals kicked up ( honestly it s an eyesore) and now they have to take it down because its against council bylaws

hang on we pay thier wages , sorry dont have a lot of faith in the local shires ,councils etc ( in the private sector u would be sacked , )

trout · 7th April 2010, 09:11 PM

just wondering , can (or should ) local goverments fine themselves , after all if they dont understand thier own rules ! how can anybody else , guess the only difference is there blowing our money not thier own

Eric Frei · 7th April 2010, 09:34 PM

Well, I read a case in America I believe where they can be fined, and what happens is the fine that they get is divided up with neighbouring councils, so in essence they lose funds to other councils.

Also means other councils are on the look out.

Garry Brockley · 7th April 2010, 09:52 PM

Not enough of a fine in my eyes 50k per tree would deter them, went to a job today where a cop got a local man to clear his acreidge all vpo protected 10k fine, couple of years ago.
he cleared 2acres they should come down hard on the ones who push it this bad.

JohN Dee · 7th April 2010, 10:20 PM

Quote:

Originally Posted by Ekka

Well, I read a case in America I believe where they can be fined, and what happens is the fine that they get is divided up with neighbouring councils, so in essence they lose funds to other councils.

Also means other councils are on the look out.

Now that is very interesting...

In a nation where the risk of getting caught is very high, it baffles me why our state governments haven't enforced this onto our local councils - would weed out ALOT more of the shonkiness' in ALL departments.

Eric Frei · 7th April 2010, 11:27 PM

So here, in this case, it was clearly council's (and they admitted) fault the tree was removed.

Landmark Tree Felled| Brisbane Council Blunder

So they should be fined for interfering with protected vegetation.

Fat chance, I cant see that happening, that's about as outrageous as expecting the QAA and NAAA to deal with it's dirty members.

3rd April 2010, 01:29 PM	#2
Apocalypsse Veteran Heritage Status Join Date: Feb 2009 Location: Victoria, Australia Posts: 1,152	Re: $210,000 and $17,500 tree fines Byron Bay Court Boom snap. Hopefully this helps deter people from clearing trees especially without permits to do it coz thats one hell of a fine. I can understand people clearing for fire breaks (still dont like it when its not permitted), but this is going a bit too far.

7th April 2010, 06:48 AM	#3
chrisingham Former Member Join Date: Mar 2010 Location: London Posts: 26	Re: $210,000 and $17,500 tree fines Byron Bay Court That's a hefty amount to pay up. Hopefully, it will serve as a lesson to others who do things as they please without considering how it impacts anything else. But heck, that's one hefty fine!

7th April 2010, 06:09 PM	#4
loggerBOB Former Member Join Date: Mar 2010 Location: Daylesford.Aus Posts: 38	Re: $210,000 and $17,500 tree fines Byron Bay Court The fine would have been costed into the development and would be a pittance in the value it would have created

7th April 2010, 08:59 PM	#5
trout Former Member Join Date: Feb 2010 Location: aus Posts: 29	Re: $210,000 and $17,500 tree fines Byron Bay Court this is off thread I apologise , just heard on the local news channel . that the city of wanneroo (perth aus ) built a raised walkway across the dunes ( unfortunately they only submitted plans for a concrete path , the locals kicked up ( honestly it s an eyesore) and now they have to take it down because its against council bylaws hang on we pay thier wages , sorry dont have a lot of faith in the local shires ,councils etc ( in the private sector u would be sacked , )

7th April 2010, 09:11 PM	#6
trout Former Member Join Date: Feb 2010 Location: aus Posts: 29	Re: $210,000 and $17,500 tree fines Byron Bay Court just wondering , can (or should ) local goverments fine themselves , after all if they dont understand thier own rules ! how can anybody else , guess the only difference is there blowing our money not thier own

7th April 2010, 09:34 PM	#7
Eric Frei Admin - Owner Palm & Tree Services in Brisbane Join Date: Jan 2007 Location: Brisbane Posts: 12,994	Re: $210,000 and $17,500 tree fines Byron Bay Court Well, I read a case in America I believe where they can be fined, and what happens is the fine that they get is divided up with neighbouring councils, so in essence they lose funds to other councils. Also means other councils are on the look out. __________________ Protect your rights to work - Join Australian Tree Association My businesses:- Qualified Brisbane Palm and Tree Lopping \| Stump Grinding Brisbane \| Brisbane - Gold Coast Consulting Arborist

7th April 2010, 09:52 PM	#8
Garry Brockley Bayside Tree Care Brisbane Join Date: Jun 2008 Location: Brisbane Aus Posts: 1,641	Re: $210,000 and $17,500 tree fines Byron Bay Court Not enough of a fine in my eyes 50k per tree would deter them, went to a job today where a cop got a local man to clear his acreidge all vpo protected 10k fine, couple of years ago. he cleared 2acres they should come down hard on the ones who push it this bad. __________________ My business:- Brisbane Bayside Tree Care

7th April 2010, 11:27 PM	#10
Eric Frei Admin - Owner Palm & Tree Services in Brisbane Join Date: Jan 2007 Location: Brisbane Posts: 12,994	Re: $210,000 and $17,500 tree fines Byron Bay Court So here, in this case, it was clearly council's (and they admitted) fault the tree was removed. Landmark Tree Felled\| Brisbane Council Blunder So they should be fined for interfering with protected vegetation. Fat chance, I cant see that happening, that's about as outrageous as expecting the QAA and NAAA to deal with it's dirty members. __________________ Protect your rights to work - Join Australian Tree Association My businesses:- Qualified Brisbane Palm and Tree Lopping \| Stump Grinding Brisbane \| Brisbane - Gold Coast Consulting Arborist

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