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Landowners Ordered to Pay
A magistrate has ordered Blue Whale Farm Plantation Pty Ltd to pay a $141,000 fine to the Shire of Augusta Margaret River after being found guilty of an unauthorised development which resulted in illegal clearing of native bush containing rare and endangered flora species, Lambertia Orbifolia.
The sentencing comes after the magistrate ruled in favour of the Shire of Augusta Margaret River in June. The Shire alleged the owners of Lot 449 Milyeannup Coast Rd, Scott River did not seek relevant approvals before undertaking works in early 2022.
Four separate areas of land were cleared, with a combined size of approximately 16 hectares - the equivalent of 9 Optus Stadiums.
Following sentencing Shire President Julia Meldrum said while she'd hoped the penalty might have been higher given the seriousness of the offence, she believed the prosecution demonstrated the Shire’s commitment to the protecting the environment.
“There are no winners when it comes to the destruction of the environment, and no amount of money was ever going to change what has happened,” said Ms Meldrum.
“But we needed to pursue the case as a matter of principle because protecting our region’s biodiversity is important to our community, and our natural environment is what makes Augusta-Margaret River such a special place.”
The Shire President reiterated that property owners need to follow the rules and regulations before commencing any land development.
“One of the ways the Shire works to protect the environment is through our development approval processes. Landowners need to ensure they have secured the correct approvals before commencing any work on any property in the Shire.
“We know the community will be supportive of our decision to enforce these rules, especially given people flouting the rules caused devastating environmental destruction of rare flora."
The Shire President said the penalty will subsidise the legal costs of bringing the case to trial.