A WA parliamentary question regarding illegal land clearing by Goundrey Wines Ltd and the Department of Conservation and Land Management's (CALM) response. The Minister's answer refers to CALM's prosecution policy and the discretion of the executive director.

AnsweredQoN 386Legislative Council
Asked
7 November 2000
Portfolio
Environment

QuestionView source ↗

With regard to the Goundrey Wines Ltd illegal land clearing - (1) Is it Department of Conservation and Land Management policy to ignore illegal clearing where it can be shown that bush is regenerating? (2) Does such a policy take into consideration whether all of the original species will regenerate? (3) Does such a policy take into consideration the impact of the clearing on other aspects of biodiversity such as fauna? (4) What other incidents of this nature have occurred? (5) Will CALM allow similar considerations for other property owners? (6) Has this issue set a precedent for future illegal clearing actions? Hon PETER FOSS

AnswerView source ↗

I thank the member for some notice of this question. (1)-(6) The discretion in relation to a prosecution action rests with the executive director of CALM, who acts in accordance with the department's formal prosecution policy and takes into account the full range of factors pertinent to an individual case.
(1) Is it Department of Conservation and Land Management policy to ignore illegal clearing where it can be shown that bush is regenerating? (2) Does such a policy take into consideration whether all of the original species will regenerate? (3) Does such a policy take into consideration the impact of the clearing on other aspects of biodiversity such as fauna? (4) What other incidents of this nature have occurred? (5) Will CALM allow similar considerations for other property owners? (6) Has this issue set a precedent for future illegal clearing actions? Hon PETER FOSS replied: I thank the member for some notice of this question. (1)-(6) The discretion in relation to a prosecution action rests with the executive director of CALM, who acts in accordance with the department's formal prosecution policy and takes into account the full range of factors pertinent to an individual case.
(2) Does such a policy take into consideration whether all of the original species will regenerate? (3) Does such a policy take into consideration the impact of the clearing on other aspects of biodiversity such as fauna? (4) What other incidents of this nature have occurred? (5) Will CALM allow similar considerations for other property owners? (6) Has this issue set a precedent for future illegal clearing actions? Hon PETER FOSS replied: I thank the member for some notice of this question. (1)-(6) The discretion in relation to a prosecution action rests with the executive director of CALM, who acts in accordance with the department's formal prosecution policy and takes into account the full range of factors pertinent to an individual case.
(3) Does such a policy take into consideration the impact of the clearing on other aspects of biodiversity such as fauna? (4) What other incidents of this nature have occurred? (5) Will CALM allow similar considerations for other property owners? (6) Has this issue set a precedent for future illegal clearing actions? Hon PETER FOSS replied: I thank the member for some notice of this question. (1)-(6) The discretion in relation to a prosecution action rests with the executive director of CALM, who acts in accordance with the department's formal prosecution policy and takes into account the full range of factors pertinent to an individual case.
(4) What other incidents of this nature have occurred? (5) Will CALM allow similar considerations for other property owners? (6) Has this issue set a precedent for future illegal clearing actions? Hon PETER FOSS replied: I thank the member for some notice of this question. (1)-(6) The discretion in relation to a prosecution action rests with the executive director of CALM, who acts in accordance with the department's formal prosecution policy and takes into account the full range of factors pertinent to an individual case.
(5) Will CALM allow similar considerations for other property owners? (6) Has this issue set a precedent for future illegal clearing actions? Hon PETER FOSS replied: I thank the member for some notice of this question. (1)-(6) The discretion in relation to a prosecution action rests with the executive director of CALM, who acts in accordance with the department's formal prosecution policy and takes into account the full range of factors pertinent to an individual case.
(6) Has this issue set a precedent for future illegal clearing actions? Hon PETER FOSS replied: I thank the member for some notice of this question. (1)-(6) The discretion in relation to a prosecution action rests with the executive director of CALM, who acts in accordance with the department's formal prosecution policy and takes into account the full range of factors pertinent to an individual case.
Hon PETER FOSS replied: I thank the member for some notice of this question. (1)-(6) The discretion in relation to a prosecution action rests with the executive director of CALM, who acts in accordance with the department's formal prosecution policy and takes into account the full range of factors pertinent to an individual case.
I thank the member for some notice of this question. (1)-(6) The discretion in relation to a prosecution action rests with the executive director of CALM, who acts in accordance with the department's formal prosecution policy and takes into account the full range of factors pertinent to an individual case.
(1)-(6) The discretion in relation to a prosecution action rests with the executive director of CALM, who acts in accordance with the department's formal prosecution policy and takes into account the full range of factors pertinent to an individual case.

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