Half million dollar fine for clearing Western Sydney Critically Endangered habitat
Western Sydney property developer, Aerotropolis Pty Ltd, has been convicted and fined $587,200 in relation to 20 charges after unlawfully clearing 36.8 hectares of critically endangered ‘Cumberland Plain Woodland’.
In addition to the fine, Aerotropolis Pty Ltd was ordered to pay the Prosecutor’s legal costs.
NSW Department of Climate Change, Energy, the Environment and Water (DCCEEW) prosecuted the developer for causing damage to the woodland and the habitat of the endangered Cumberland Plain land snail.
While the company is now in liquidation, the fine is among the higher cumulative penalties imposed by the Court for native vegetation clearing offences, making it an important deterrent for other potential offenders.
Aerotropolis Pty Ltd is not associated with the NSW Government’s Aerotropolis project and this matter occurred outside the Western Sydney Aerotropolis Precinct.
The NSW Land and Environment Court determined that, between April 2016 and May 2020, Aerotropolis Pty Ltd unlawfully cleared native vegetation on a 121-hectare property in Bringelly, approximately 4 km from the Western Sydney Airport site.
The Court found clearing prior to August 2017 breached sections of the National Parks and Wildlife Act 1974, while clearing after that date breached sections of the Biodiversity Conservation Act 2016.
His Honour Justice Robson outlined that company director Mr Jemon Varghese was “the directing mind and will” of the defendant company and his primary concern (and therefore that of Aerotropolis Pty Ltd) was to clear parts of the property to prepare it for a very large commercial development.
Quotes attributable to DCCEEW Executive Director Regional Delivery Ingrid Emery
“Cumberland Plain Woodland was once widespread across Sydney’s west but is now critically endangered. Only nine per cent of the original area of Cumberland Plain Woodland survives today.
“Reduced to small, isolated patches, it hosts species that also face a high risk of extinction, including swift parrots and regent honeyeaters as well as the Cumberland Plain land snail.
“It is disappointing this offender is now in liquidation, but the penalty serves as a strong reminder that most native vegetation in Western Sydney is protected under the Biodiversity Conservation Act.
“Clearing without appropriate approvals or exemptions is unlawful and may result in penalties of up to $1.65 million, two years’ imprisonment or both.
“Developers are urged to seek approval through their local Council or the Department of Planning, Housing and Infrastructure before commencing any vegetation clearing to avoid harming our precious plants and animals in Western Sydney and the prospect of costly litigation and the potential of criminal and financial penalties.”