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 14-02-2007 

Bush Pressure - Complexity of land use and regulations

Rural industries are regularly the subject of prosecutions for environmental offences and not many realise how severe the penalties can be.

Regulation of virtually every aspect of agricultural use means that the average primary producer has to consider a myriad of rules and statutory obligations.

The movement of tree changers with no interest in agricultural pursuits or traditional rural activities has developed a real potential for confrontation with primary producers, irrespective of the intensity of the latter's operations.

However, the intensification of many operations, such as feed lots and the demands placed on modern growers to meet increasing quality standards, have created a potential for adverse environmental impacts about which even other conventional land users, let alone the regulators, complain.

In a recent case, a feed-lot owner was charged with maintaining over an extended period of time some 2,000 head of cattle more than permitted under the pollution control licence for the property.

In the case of a corporation, the penalty for contravention of a condition of a licence is $1 million, with a further penalty of $120,000 for each day the offence continues.

However, after taking into consideration such factors as an early guilty plea, cooperation with the authorities and the sincere expression of contrition, the penalty was assessed at $80,000 plus costs of $14,000.


© 2008 Clark McNamara Lawyers