Shire of Dumbleyung fined thousands for illegally clearing endangered native woodland and revegetation ordered

A Wheatbelt shire has been fined more than $12,000 and ordered to revegetate an endangered reserve after illegally clearing native flora without a permit and laying a road in its place. Between July 9 and October 15, 2020 the Shire of Dumbleyung cleared 1.5ha of native vegetation in Hills Road Reserve in Tarin Rock, and laid a 600m length of road in the area. The shire did not hold a permit to authorise the clearing. The reserve is home to endangered woodland and an investigation conducted by the Department of Water and Environmental Regulation revealed the clearing had caused damage to the area, including soil structure disruption. The illegal works were completed under the governance of chief executive Peter Crispin and president Julie Ramm, who have both since resigned from their positions. At a sentencing hearing in Katanning Magistrates Court on March 23, the Shire of Dumbleyung was fined $12,500 for the illegal works and ordered to pay $819.30 in costs. The court ordered the shire must make good of resulting environmental damage caused by the clearing by re-establishing and maintaining native vegetation in Hills Road Reserve within a 15-year time period. Current president Amy Knight addressed the outcome in her president’s report posted to the shire’s Facebook page. She wrote that the clearing works had occurred without DWER or council approval, but assured the shire has implemented improved processes to prevent future incidents. “It is a legal requirement for any local government authority to seek pre-DWER approval for clearing of any native vegetation prior to actual clearance works,” Cr Knight said. “Unfortunately, on this occasion, (then) shire officers failed to see this clearance approval. “Further exacerbating the problem was that the actual proposed works was not an endorsed council project i.e. no budget approval was sought or provided. “Fortunately, since this time, the shire has introduced tighter pre-works approvals and controls together with better budgetary process and decision-making transparency.” About a decade before the offending, the shire had led a native vegetation survey and acquired a permit allowing the clearing and widening of Hills Road, to replace a dangerous sharp bend. However, the permit expired in October 2011 and no works had been done. Prosecutor Caitlin Gilchrist had told the Katanning Magistrates Court on February 17 that shire staff had requested several permit exemptions and review without DWER permits between 2011 and 2020, but none were approved. Ms Gilchrist said the shire completing the works long after the permits expiry displayed “carelessness” and “deliberate disregard of the law”. On August 11 2021, DWER requested an interview with chief executive Gavin Treasure, appointed by the shire three months earlier, who declined on the grounds that all the information regarding the unauthorised clearing had been provided. Mr Treasure announced his resignation as chief executive in March with replacement Anika Serer set to start with the shire in June. Cr Knight and Mr Treasure appeared in Katanning Magistrates Court on March 23 on behalf of the shire, which was sentenced for allowing the clearing of native vegetation without authorisation. The shire had pleaded guilty to the single charge on February 17. During that appearance on February 17, lawyer Cheyne Beetham told the court the shire staff had changed in the 5½ years since the offending and “the people responsible are no longer there”. Mr Beetham said the current staff are remorseful and had taken accountability and assisted with the investigation.