Company fined for clearing habitat

Date published: 
Tue, 07/21/2009 - 15:45

21 July 2009

On 17 July 2009 the Federal Court declared by consent that Rocky Lamattina & Sons Pty Ltd took an action likely to have a significant impact on the South-eastern Red-tailed Black Cockatoo in contravention of section 18(3) of the EPBC Act and imposed a pecuniary penalty of $220,000 and costs of $22,500.

Justice Mansfield held that this was the minimum penalty having regard to the deliberate nature of the conduct, the indifference to its potential consequences, and the need for the court to fix a penalty that will operate as a deterrent to those who might otherwise be minded to clear native vegetation contrary to section 18(3) of the EPBC Act.

The Judge commented that, but for the respondent's early co-operation with the investigation, he would have reached a considerably higher penalty.