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| IMAGE: Google Earth 11.01.24 Click on images to enlarge |
There couldn't be more than a handful of residences on Boogarem Road in the middle of pristine native forest on the Koonyum Range. However, that street is gaining a reputation........
On 11 Jan 2024 the NSW Dept. of Planning and Environment announced that a person described as a local Koonyum Range resident was convicted of clearing 0.35 ha of native vegetation and constructing an unauthorised building in Mount Jerusalem National Park.
The cleared section at Boogarem Road, Koonyum Range NSW after removal of illegal dwelling. IMAGES: Echo, 12 January 2024
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InsideLocal Government, 12 January 2024:
A Koonyum Range resident has been convicted and fined by Mullumbimby Local Court after failing to check property boundaries before clearing 0.35 ha of native vegetation and constructing an unauthorised building in Mount Jerusalem National Park.
The actions breach the National Parks and Wildlife Act 1974 and National Parks and Wildlife Regulation 2019.
With fines and a costs order amounting to nearly $22,000 (including a remediation order of $8,000), the court found the local resident had direct responsibility for the offences.
“The felling of forest oaks impacts directly on the habitat and food resources of the glossy black cockatoo, a listed vulnerable species known to occur in the area,” said NSW National Parks and Wildlife Service (NPWS) Area Manager, Jenny Atkins.
“Trees are highly valued in the Byron Shire and their removal, without permission, is not tolerated by NPWS, or the broader community. The fines and the community correction orders imposed by the magistrate in the Mullumbimby Local Court support this.
“This sends a strong and very clear message to people that before you clear land or cut down any trees or do any building work, even on your property, you should know where the property boundaries are.
“You should always check with the local council to see what is allowed and what is not.”
Mount Jerusalem National Park is home to several endangered and vulnerable plants and animals and this sentence is a reminder that native vegetation laws must be taken seriously, she said.
“The seriousness of the offences is reflected in the penalty imposed by the court which, in addition to the fines and costs, included two community correction orders of 12 months.”
In June 2022 Andrew Giles Packshaw was reported as pleading guilty and being convicted of development without consent. It appears he erected a donga.
Mirage News,16 June 2022:
A Byron Shire resident has been fined $60,000 for land clearing and removing trees from a property on the Koonyum Range west of Mullumbimby, and $10,000 for unauthorised building work.
It comes after Council was notified, in October last year, of alleged land clearing, tree removal and construction on a property on Boogarem Road.
Investigations found there was progressive land clearing between April and October last year on a 1,300m2 site including the removal of nine trees ranging in height from 15 metres to 25 metres.
An expert arborist/ecologist engaged by Council found the age of each of the trees that were cut down or pushed over was 40-50 years.
The property is in the Scenic/Escarpment zone where the clearing of land can only be done with development consent.
The offence was aggravated by the fact that the Rural Fire Service had imposed conditions providing that clearing for bushfire hazard reduction did not permit the removal of trees over three metres in height.
Ralph James, Legal Counsel, said that the court found that the impact of the clearing, and the construction of an informal shower and toilet area, had a negative impact on the natural environment and that the clearing of native vegetation and earthworks modified the site which impacted native habitats and drainage
"This land borders a national park and, not surprisingly, the area is home to a number of endangered and vulnerable plants and animals," Mr James said.
"The felling of Forest Oaks impacts directly on the habitat and food resources of the Glossy Black Cockatoo, a listed, vulnerable species known to occur in the area.
"Trees are highly valued in the Byron Shire and their removal, without permission, is not tolerated by Council, or the broader community, and the large fines imposed by the Magistrate in the Mullumbimby Local Court support this," Mr James said.
"In addition to the $60,000 fine for removing trees, the defendant was fined $10,000 for the construction of the informal shower and toilet," he said.
"The defendant has been ordered to also pay Council's legal costs of $5,000.
"I hope this sends a strong and very clear message to people that before you clear land or cut down any trees or do any building work on your property you should check with Council to see what is allowed and what is not," Mr James said.
