THE LAND and Environment Court of New South Wales has fined grower Ron Greentree and Auen Grain Pty Ltd $2.088 million plus $278,000 in costs for unlawfully clearing 1262ha of native vegetation.

Mr Greentree’s fine of more than $1M is the largest ever imposed in NSW on an individual, and the highest under NSW legislation.

As the sole director and “effectively the sole shareholder” of Auen Grain, Mr Greentree is likely to also pay the fine imposed on the corporate entity.

The penalties related to eight land-clearing offences which occurred between December 2016 and January 2019 involving the removal of native vegetation on a 12,590ha property known as Boolcarrol, north-west of Narrabri.

The court heard that six of the clearing events were contrary to Section 12 of the Native Vegetation Act 2003, and the other two were contrary to Section 60N of the Local Land Services Act 2013.

The clearing resulted in the loss of a significant area of remnant vegetation, including Coolibah-Black Box Woodland, an endangered ecological community listed under both the Biodiversity Conservation Act 2016 and the Environment Protection and Biodiversity Conservation Act 1999.

The cleared area on Boolcarrol included critical habitat for 30 threatened species, including the Glossy Black Cockatoo, Pale-headed Snake, Spotted Harrier, and Yellow-bellied Sheathtail Bat.

Justice John Robson found that six of the land clearing charges were in the “serious range” while the remaining two were considered in the “mid to serious” range.

Justice Robson said all the clearing occurred in order to convert the areas from pastures to cropping and was undertaken solely for financial gain, and that the defendants knew the clearing included native vegetation.

“[T]he offending of Mr Greentree and Auen Grain amounted to intentional broadscale clearing of native vegetation over a not insignificant (10 percent) proportion of Boolcarrol…and that each offence was carried out for financial gain which caused, or was likely to cause, significant harm to the environment including to native vegetation of high conservation value and that the clearing was carried out repeatedly and systematically,” Justice Robson found.

Mr Greentree and Auen Grain pleaded not guilty to all charges.

In his evidence, Mr Greentree gave reasonings for the land clearing in some areas, and in other cases denied the activity had occurred.

His evidence included that the clearing was required to construct farm and access roads, an airstrip and farm infrastructure and was to “clean-up” debris following a bushfire.

Justice Robson said he “did not accept” the evidence provided by Mr Greentree, calling it “varied and inconsistent”.

“Apart from being unimpressed with Mr Greentree’s varied explanations (and in some cases, denials), there was simply no acceptable explanation for the nature and extent of the clearing undertaken in relation to each of the offences and the overall and consistent clearing undertaken over the period of the offences occurring from late 2016 through to early 2019.”

In issuing the sentence, Justice Robson did reduce the fine after accepting evidence of Mr Greentree’s good character, lack of previous similar offending and that it was likely that he would the burdened with paying the penalty for Auen Grain.

Department welcomes outcome

NSW Department of Climate Change, Energy, the Environment and Water Executive Director Regional Delivery, Biodiversity Science and Conservation Ingrid Emery said she was “pleased with the outcome of this case”.

“The significant penalty imposed by the NSW Land and Environment Court reflects the gravity of the environmental harm caused and sends a strong message about the importance of safeguarding our natural heritage,” Ms Emery said in a statement.

“While most landholders do the right thing, [Friday’s] sentencing is a strong reminder that there are consequences for those who don’t.”

Proceedings into the land-clearing were initially commenced by the NSW Department of Planning, Industry and Environment in August 2019 against Auen Grain, Mr Greentree, Merrywinebone Pty Ltd and Ken Harris.

Justice Robson in December 2022 found Mr Greentree and Auen guilty on all counts while dismissing the charges against Mr Harris and Merrywinebone.

He found that Mr Harris did not cause the land-clearing to occur, nor did he have knowledge of it.

Mr Harris is the sole director of Merrywinebone, and his actions are attributed to that of the corporate entity.

Mr Greentree and then business partner Mr Harris purchased Boolcarrol in 2008 which was farmed alongside the adjoining 21,463ha Milton Downs.

The partnership traded as Greentree Farming until it was dissolved in December 2019.

It is believed Mr Harris retained Boolcarrol while Milton Downs was, in 2022, sold in two lots.

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