LAND CLEARING IN HIGH RISK AREA WITHOUT A PERMIT
Proposed clearing in a high risk area
If a proposed area to be cleared contains native plants in the wild, and there is no relevant exemption, and the area is shown as blue (i.e high risk) on the flora survey trigger map, a flora survey of the clearing impact area must be undertaken prior to any potential clearing. This is irrespective of the classification of the vegetation under the Vegetation Management Act (PDF). The flora survey must comply with all requirements of the flora survey guidelines (PDF, 536K).
SOURCE: https://www.ehp.qld.gov.au/licences-permits/plants-animals/protected-plants/
10 MONTHS AFTER PURCHASE
NOV 2014
16 MONTHS AFTER PURCHASE
MAY 2015
21 MONTHS AFTER PURCHASE
OCT 2015
Part 5 Wildlife and habitat conservation
Subdivision 2 Particular restrictions relating to protected plants
89 Restriction on taking etc. particular protected plants
(1) Subject to section 93, a person, other than an authorised person, must not take a protected plant that is in the wild unless the plant is taken under-
(a) a conservation plan applicable to the plant; or
(b) a licence, permit or other authority issued or given under a regulation; or
(c) an exemption under a regulation.
Maximum penalty—
(a) for a class 1 offence—3000 penalty units or 2 years imprisonment; or
(b) for a class 2 offence—1000 penalty units or 1 year’s imprisonment; or
(c) for a class 3 offence—225 penalty units; or
(d) for a class 4 offence—165 penalty units.
https://www.qld.gov.au/law/crime-and-police/types-of-crime/sentencing-fines-and-penalties-for-offences/
The penalty unit value in Queensland is $121.90 (current from 1 July 2016).
LAND CLEARING IN HIGH RISK AREA WITHOUT FLORA SURVEY AND PERMIT : FINE FOR BREACH
3,000 x 121.90 = $365,700.00
LETTER: Self Reported by proponent
MAP: Protected Plants Flora Survey Trigger Map – generated 13 JULY 2015
EXCERPTS FROM EPBC REFERRAL OF PROPOSED ACTION PART 3 – KUR-WORLD INTEGRATED RESORT
CULTURAL HERITAGE DUTY OF CARE
About the legislation
The Aboriginal Cultural Heritage Act 2003 and Torres Strait Islander Cultural Heritage Act 2003 (the Acts) require anyone who carries out a land-use activity to exercise a duty of care.
Land users must take all reasonable and practicable measures to ensure their activity does not harm Aboriginal or Torres Strait Islander cultural heritage.
The duty of care applies to any activity where Aboriginal or Torres Strait Islander cultural heritage is located. This includes cultural heritage located on freehold land and regardless of whether or not it has been identified or recorded in a database.
Consultation with the Aboriginal or Torres Strait Islander party for an area may be necessary if there is a high risk that the activity may harm Aboriginal or Torres Strait Islander cultural heritage.
Excerpt from William Brim ‘Reporting Cultural Heritage Duty of Care‘
Bulwai Cultural Custodian
Bulwai Cultural Heritage Lions Club
Djabugay-Bulway-Yirrgay-Nyakali-Guluy People (QC2015/005)
A EARTHWORKS SITE1 16°49’1.65″S 145°36’5.83″E
Dam earthworks is a deep disturbance of earth extending at least 8m into clay ‘natural ground’. 7,625m3 earth cut-to-fill, on seasonal rainforest creek, within 1km of Barron River. *Category 5 – Activities causing additional surface disturbance. 7,625m3 major earthworks > 50m3 illegally constructed. Sustainable Planning Act 2009 578 Carrying out assessable development without permit.
B EARTHWORKS SITE2 16°49’12.47″S 145°36’3.46″E
Site2 earthworks is a cut, grading and smoothing of earth extending at into top soil, clay ‘natural ground’ visible. Approx. 1,000m2 within 50m permanent rainforest creek, within 1km of Barron River. *Category 5 – Activities causing additional surface disturbance. Earthworks > 50m3 illegally constructed. Sustainable Planning Act 2009 578 Carrying out assessable development without permit.
C EARTHWORKS SITE3 16°49’9.34″S 145°36’7.01″E
Site3 earthworks is a deep disturbance of earth extending at least 4m into clay ‘natural ground’. Unknown volume of earth cut-to-fill, disturbed material from dam used for fill, within 50m permanent rainforest creek, within 1km of Barron River. *Category 5 – Activities causing additional surface disturbance. Earthworks > 50m3 illegally constructed. Sustainable Planning Act 2009 578 Carrying out assessable development without permit.
D EARTHWORKS SITE4 16°49’8.55″S 145°36’5.96″E
Site4 earthworks is a cattle yard built with fill on top of natural ground, disturbed material from other earthworks used for fill. Within 50m permanent rainforest creek, within 1km of Barron River. *Category 5 – Activities causing additional surface disturbance. Earthworks > 50m3 illegally constructed. Sustainable Planning Act 2009 578 Carrying out assessable development without permit.
E UP TO 200HA FOREST CLEARING / SCRAPING LAND – Northern 6 rural titles
Published map ‘The Boundaries of the DJABUGAY – YIDINY Speaking BAMA of the Cairns Rainforest Region’ demonstrates Cultural Heritage footpad as a main thoroughfare through the SITE extending from the south of the property at The Billabong up through to the north of the SITE where it carries on through to the Barron River.
Up to 200ha of historical cattle property (family owned) cleared of recovering rainforest species, earth scraped, deep ripping machines for improved pastures (not previously necessary for historical Barnwell family). Kilometres of permanent creeks to within 50m. *Category 5 – Activities causing additional surface disturbance. Nature Conservation Act 1992 Clearing in designated high risk area without a Flora Survey or permit to clear.
SOURCE: https://www.youtube.com/watch?v=nHsc8qruPIY
Aboriginal Cultural Heritage Act 2003
Part 3 Protection of Aboriginal cultural heritage
Division 1 Key cultural heritage protection provisions
23 Cultural heritage duty of care
(1) A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the cultural heritage duty of care).
Maximum penalty—
(a) for an individual—1000 penalty units;
(b) for a corporation—10,000 penalty units.
| WILLIE BRIM NOTES | ||
| (2) | Without limiting the matters that may be considered by a court required to decide whether a person has complied with the cultural heritage duty of care in carrying out an activity, the court may consider the following— | |
| (a) | the nature of the activity, and the likelihood of its causing harm to Aboriginal cultural heritage; | High, Category 5 |
| (b) | the nature of the Aboriginal cultural heritage likely to be harmed by the activity; | Cultural campsites and artefacts |
| (c) | the extent to which the person consulted with Aboriginal parties about the carrying out of the activity, and the results of the consultation; | Nil |
| (d) | whether the person carried out a study or survey, of any type, of the area affected by the activity to find out the location and extent of Aboriginal cultural heritage, and the extent of the study or survey; | Nil |
| (e) | whether the person searched the database and register for information about the area affected by the activity; | Yes, desktop search |
| (f) | the extent to which the person has complied with cultural heritage duty of care guidelines; | Nil |
| (g) | the nature and extent of past uses in the area affected by the activity. | High likelihood of campsites within 50m of permanent creeks, within 1km from Barron River. Mapped Bama walkpad from south of SITE heading north, through middle of SITE, to Barron River. |
| (3) | A person who carries out an activity is taken to have complied with the cultural heritage duty of care in relation to Aboriginal cultural heritage if— | |
| (a) | the person is acting— | |
| (i) under the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or | Nil | |
| (ii) under an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or | Nil | |
| (i) under a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or | Nil | |
| (ii) in compliance with cultural heritage duty of care guidelines; or | Nil | |
| (iii) in compliance with native title protection conditions, but only if the cultural heritage is expressly or impliedly the subject of the conditions; or | Nil | |
| (b) | the person owns the Aboriginal cultural heritage, or is acting with the owner’s agreement; or | n/a |
| (c) | the activity is necessary because of an emergency, including for example, a bushfire or other natural disaster. | n/a |
https://www.qld.gov.au/law/crime-and-police/types-of-crime/sentencing-fines-and-penalties-for-offences/
The penalty unit value in Queensland is $121.90 (current from 1 July 2016).
CULTURAL HERITAGE DUTY OF CARE: FINE FOR BREACH
10,000 x 121.90 = $1,219,000.00
LETTER: Reporting Earthworks Activity Barnwell to Mareeba Shire Council 9 Dec 16