The Native Vegetation Act 1991 provides for the preservation, protection and enhancement of native vegetation in South Australia.
LAKE HAWDON PTY LTD illegally cleared native vegetation from land in Sections 59 and 78 Hundred of Bray without consent of the Native Vegetation Council.
LAKE HAWDON PTY LTD and DAVID HURST were prosecuted and pleaded guilty to breaches of the Native Vegetation Act 1991 and on the 5th February 2024 the Court imposed a fine of $10,800.00.
The clearance of approx. 38 dying or fallen trees was undertaken to clear up the land and to be developed for irrigation purposes. Following the plea of guilty Lake Hawdon Pty Ltd, undertook the
re-vegetation and fencing of areas of Native Vegetation as an significant environmental offset to the area of land that had been cleared.
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 revegetation other land or the setting aside and preservation of other native vegetation.
The Native Vegetation Council and Lake Hawdon Pty Ltd and David Hurst have agreed to settle the civil enforcement proceedings on the basis of 31.44 hectares of land being set aside, fenced and re-vegetated for the protection and conservation of native vegetation. The land contains similar and substantially superior 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.
Naracoorte 5271
