There was ‘no mistake, misunderstanding, or confusion on (this grazier’s) part’ when he cleared native vegetation even after helping to create the restoration plan.
Drew Ashley Callander, 43, runs about 800 cattle with his wife on Oakdale Pastoral, about 40 km west of Mackay, with his wife Lisa and their children.
Mackay Magistrates Court on Thursday heard Callander had received a restoration notice in 2017 to protect land he had cleared broadscale, meaning he had joined two tractors with a chain to “indiscriminately clear land”.
The cleared vegetation included Category A native plants like regenerative saplings.
The court heard Callandar engaged his “own expert” and then signed the notice in 2018, preventing him from further clearing land needing restoration.
But over the next few years he broadscale cleared protected areas.
“Mr Callander was aware of his obligations … and he did not abide by it,” Ms Hartigan said.
“There was no mistake, misunderstanding, or confusion on his part.
“His criminality lies in his disobedience of the law.”
Drew Callander was fined more than $20,000 for clearing native vegetation on the cattle property he owns with wife Lisa Callander. Photo: Contributed
Callander also introduced grazing grasses in cleared areas, claiming they were to combat invasive lantana and giant rat’s tail weeds.
While the court heard claims the clearing was not for financial gain, Ms Hartigan said the introduction of cattle grasses would in future benefit the grazier.
Experts who had assessed the land estimated the clearing had set back regeneration by at least five years.
Drew Ashley Callander was fined more than $20,000 for clearing native vegetation on his cattle property 40km from Mackay. Photo: Contributed
The court heard Callander had no criminal history and was otherwise regarded as an “upstanding member of the community”.
“The offence is very, very serious,” Ms Hartigan said.
“In my view, Mr Callander does need to be personally deterred (and) it could have an impact on his social wellbeing … in his community.”
Ms Hartigan remarked the issue of vegetation clearance did not have much legal precedent, with her decision helping fill an important gap.
Callander pleaded guilty to five charges of failing to comply with a restoration notice for clearing on his own land, and three charges of carrying out development without a permit on neighbouring and public land.
He was fined $22,000 and must also pay $22,662.99 to cover costs of the investigation, the court, and an offender levy.
Payment is due by 4pm on May 31, 2023.
No conviction was recorded.