Penrith Council

Cumberland Plain Woodland is critically endangered. For the illegal clearing of about 3 hectares Penrith Council deemed that a fine of $1500 was an appropriate penalty. Council ten years ago took a landowner to Court and they were fined $70,000 for clearing 3 hectares of River Flat Forest which is classified as endangered, a lesser category than critically endangered.

Monday 1st July, 2011

Penrith Council issues a pathetic $1500 fine for illegal clearing of critically endangered bushland

Penrith Council has sent a clear message to land owners and developers that it is open season on the natural heritage of Penrith by failing to use the full force of its powers to fine a Castlereagh land owner who cleared about 3 hectares of Cumberland Plain Woodland which is listed as critically endangered at a State and Federal level.

For the illegal clearing of about 3 hectares of Cumberland Plain Woodland Penrith Council deemed that a fine of $1500 was an appropriate penalty. Council ten years ago took a landowner to Court and they were fined $70,000 for clearing 3 hectares of River Flat Forest which is classified as endangered, a lesser category than critically endangered.

Geoff Brown, President of Western Sydney Conservation Alliance Inc, said, with disgust:

"This is a typical response of a pro-development anti environment Council. This amazingly ineffectual and inappropriate penalty is a flashing light to developers and anyone else wanting to profit from the destruction of Penrith's critically endangered bushland that, hey, go ahead and take the risk, Penrith Council doesn't really care, we're open for business and all you'll cop is a slap on the wrist."

He said, that, based on this fine by Penrith Council all the CPW in Penrith could be illegally cleared and the penalty issued would only be about $1 million.

A developer is looking at making that sort of money with 1 hectare of land these days so the message Council is sending to developers is, financially, illegal land clearing is worth it if all we will face is a fine of $500 per hectare.

They can simply factor it into their business plans.

But the Council should have taken the miscreant to court.

"Council definitely had the option to take this land owner to court but has chosen to take the cheap option of only issuing an penalty infringement notice. This again reinforces the belief of many that when it actually comes to protecting the environment and the public interest Penrith Council is all talk and no action."

Matter should have been referred up to Federal Environment department

Apparently the Council has not taken taken correct measures:

"Because Cumberland Plain Woodland is critically endangered at a Federal and State level any actions to harm it have to be in accordance with Federal and State legislation including referring the action of clearing directly to the Federal Environment department for assessment. So many checks and balances have been avoided by this example of illegal land clearing. Penrith Council's pathetic fine fails on so many levels to send a clear message to the public about what is right and wrong and why there is a need to protect bushland. Councils pathetic enforcement is why CPW is on the brink of extinction."

Absurd and immoral token penalty

Mr Brown illustrated the absurdity of Penrith Councils almost symbolic penalty:

"The public often hears of footballers copping fines of thousands of dollars just for consuming a few beers yet here we have life, species, that have evolved over millions of years to survive only in Penrith, destroyed for ever and the fine is only $1500. Something is clearly wrong."

Source: Western Sydney Conservation Alliance Inc, Comments: Geoff Brown President WSCA, 0431 222602

Brad Hazzard tells protesters at Liberal launch he's committed to saving another 100 hectares of critically endangered bushland at ADI Site. Lend Lease would be slugged $100 million in lost revenue

There was actually a legitimate protest today at Barry O'Farrell's campaign launch (not the stunt protest put on by the ALP) by Western Sydney residents and environmentalists. They had gathered to raise awareness about the Liberal/Nationals urban sprawl policy and how that would devastate what little is left of Western Sydney's bushland and of course how it would affect the quality of life of it residents.

The legitimate protesters were also wanting to speak with Brad Hazzard, the Shadow Planning Minister, to question why he has gone quiet on his commitment before the Penrith by-election that the Liberal/Nationals would conserve an additional 100 hectares of critically endangered Cumberland Plain Woodland at the controversial ADI Site. The ADI Site contains vast areas of bushland that the NSW Government and the pro development Penrith Council are allowing to be developed by developer giant Lend Lease. Brad Hazzard also committed to creating new Western Sydney ecological corridors.

Brad Hazzard was confronted, when leaving todays campaign launch in Penrith, and asked by Geoff Brown, President of the Western Sydney Conservation Alliance (in the presence of others) when he would formally honour his Penrith by-election commitment and announce the additional 100 hectares at the ADI Site.

"Brad Hazzard said he was committed to delivering the 100 hectares and the ecological corridors. I asked him when an announcement was due and he said he wanted to make sure it could be done legally. I reminded Mr Hazzard of legal advice already given to him by myself from the Environmental Defenders Office outlining how the bushland could be conserved using several pieces of NSW legislation with no cost to the NSW taxpayer. Mr Hazzard then said well that is only the advice from the Environmental Defenders Office." (see attached EDO advice given to Brad Hazzard)

"Whilst Mr Hazzard says to our face he is committed to the 100 hectares at ADI our fear is the Lib/Nats will try to squirm out of this major conservation promise. It appears they may be already looking for a legal loophole to argue their hands are tied. Brad Hazzard has the law on his side to save this bushland so there is no point delaying a formal announcement.

"Mr Hazzard was also told that this very 100 ha is under immediate threat of imminent clearing as Lend Lease has a Development Application lodged with Penrith Council to clear up to half of this 100 Ha. Tanya Davies the Liberal Candidate for Mulgoa is a Penrith Councillor and Mr Hazzard was told of the need for the Liberal dominated Penrith Council to reject that DA in order to prevent a major embarrassment. A failure of the Libs on Council to protect the 100 ha committed by Brad Hazzard will be a major embarrassment to Brad Hazzard and Barry O'Farrell. It will come back to bite them in the electorate.

"Lend Lease have obviously been exerting pressure on the local Liberal candidates including Stuart Ayres, Tanya Davies and Bart Bassett to drop this commitment as they will be hit for about $100 million in lost revenue as their mega development is reduced by 1000 lots.

"The public however will cheer the scaling back of this unpopular development and applaud Brad Hazzard and the Lib/Nats for conserving critically endangered Cumberland Plain Woodland of which only 8% of its original extent remains with only 8% of that protected by the current NSW Govt.

"We want this additional 100 hectares formally announced in the next few weeks."

Source: Media Release
Western Sydney Conservation Alliance
Sunday 20th February 2010

Comments by Geoff Brown President Western Sydney Conservation Alliance and spokesperson for ADI Residents Action Group
0431 222602