Barry Bernoth fined

TOOWOOMBA businessman Barry Bernoth has been fined after vegetation was cleared without appropriate permits at his heritage-listed Gabbinbar Homestead.

Acting Magistrate Roger Stark noted the vegetation cleared was mainly noxious weeds which included lantana, privet, “insignificant trees” and bamboo which had grown at the property’s entrance.

Toowoomba Magistrates Court heard Mr Bernoth owned the property but leased it to a company which had the day-to-day running of the place and had actually carried out the work.

However, he had given the lease holders consent to do the work, assuming they had in place the appropriate permits to do so, the court heard.

Mr Bernoth, 78, was not required to be in court but pleaded guilty to “carrying out assessable development without permit”.

His solicitor Nick Lichti said Mr Bernoth had since engaged a team of consultants who ensured any work done on the property complied with legislation.

He said the vegetation cleared and fence built had not encroached on the property’s buildings and submitted the vegetation of noxious weeds was not considered to be within the fabric of the heritage listing.

The vegetation had been replaced by more appropriate plants and a Chinese weeping cypress had been planted across the driveway from a similar standing tree that had not been disturbed by works.

While Mr Bernoth owned a range of properties, Gabbinbar was the only one heritage listed, Mr Lichti said.

Mr Bernoth was of “exceptional character” and at 78 had no criminal convictions whatsoever, he submitted.

Department of Environment and Science prosecutor Zak Wicker-Miah told the court the maximum penalty for the offence was 17,000 penalty units which equated at the time of the vegetation clearing to $2,144,550.

Mr Stark said that maximum was legislated for cases such as the heritage-listed Bellevue Hotel which was demolished overnight and that this case was far less serious.

Mr Wicker-Miah said Mr Bernoth was liable as a party to the offence and that Queensland cultural heritage had to be protected.

He submitted a fine of between $15,000 and $25,000.

Mr Stark said by before and after photographs tendered to the court the work had improved the aesthetics of the site and fined Mr Bernoth $1500, ordered he pay $1500 legal costs and ordered no conviction be recorded.