The Native Vegetation Act 1991 provides for the preservation, protection and enhancement of native vegetation in South Australia.
Damien Scott Carter illegally cleared native vegetation from land in the Hundred of Seddon on Kangaroo Island without consent of the Native Vegetation Council.
Damien Scott Carter was prosecuted and pleaded guilty to breaches of the Native Vegetation Act 1991 and on 5 May 2023 the Court imposed $5,000 fines.
The clearance was undertaken to facilitate agricultural production, including construction of a dam.
Following a criminal prosecution the Native Vegetation Council are required to bring civil enforcement proceedings in the Environment, Resources and Development Court pursuant to the Native Vegetation Act 1991. The purpose of the civil proceedings is to achieve an environmental outcome by the remediation of the cleared area.
The Native Vegetation Council and Damien Scott Carter have agreed to settle the civil enforcement proceedings and set aside an area of 22.31 hectares of land near Parndana on Kangaroo Island for revegetation and conservation of native vegetation. The land contains similar native vegetation to that cleared and will be placed under a Heritage Agreement with a Management Plan requiring a stock proof fence, revegetation and an active weed and pest control program to ensure the long term conservation and protection of the native vegetation.
Landowners are reminded to contact the Native Vegetation Council for consent prior to undertaking native vegetation clearance in South Australia. Landowners are reminded the clearance of native vegetation without consent is subject to criminal penalties and civil remediation under the Native Vegetation Act 1991.
Adelaide 5000
