Court gives hefty fine for illegal fire break

The owners of a property in Bunyip North will have to donate $10,000 to local vegetation management projects, after being found guilty of removing native vegetation without a permit.

Hanson Construction Materials pleaded guilty in the Dandenong Magistrates’ Court to one charge of failing to comply with the Cardinia Shire planning scheme.

The charges related to the removal of more than two hectares of native tea tree scrub by a contractor from the Sanders Road property.

Council’s development and compliance services manager Brett Jackson said the case emphasised how careful people and businesses needed to be.

“Residents need to remember that environmental controls don’t just apply to trees, but also protect shrubs, herbs and grasses that are indigenous to Victoria. They all contribute to the natural environment, and are equally protected by the planning scheme,” he said.

Hanson Construction Materials told the court it engaged a contractor to prepare a fire break and address a weeds problem on its property in February.

Mr Jackson said the contractor cleared more than was expected or allowed and, when the mistake was discovered, was directed to stop work.

The company conceded that clearer instructions should have been provided to the contractor.

“The case is also a timely reminder that planning scheme exemptions for fire breaks and weed management are very limited and residents need to ensure that they understand exactly what they can and what they can’t do,” Mr Jackson added.

Council officers investigated the breach and confirmed that no permission had been granted. The site is suspected to be the habitat of the Southern Brown Bandicoot.

In sentencing, the court said the company had accepted full responsibility for the mistake and had co-operated with council to make sure the land would be revegetated.

The court placed the company on a good behaviour bond for 12 months and instructed it to donate $10,000 to a council-managed scheme that enhances and manages native vegetation within the shire.

Residents seeking information on the controls which apply to their land can call council on 1300 787 624.