Dore v State of Queensland

DISTRICT COURT OF QUEENSLAND

CITATION:

Dore v State of Queensland & Anor [2004] QDC 364

PARTIES:

EDMUND P DORE,
(Appellant)
v
STEPHEN FRANCIS PENNY
(Respondent)

ROBERT J DORE,
(Appellant)
v
STEPHEN FRANCIS PENNY
(Respondent)

GARY J DORE
(Appellant)
v
STEPHEN FRANCIS PENNY
(Respondent)

FILE NO/S:

200 of 2004
201 of 2004
202 of 2004

DIVISION:

Trial

PROCEEDING:

Appeal

ORIGINATING COURT:

Magistrates Court, Tully

DELIVERED ON:

17 September 2004

DELIVERED AT:

Cairns

HEARING DATE:

5 August 2004

JUDGE:

Bradley DCJ

ORDER:

Appeals against conviction and sentence dismissed

CATCHWORDS:

COUNSEL:

Mr D Grealy for the respondent

SOLICITORS:

Appellants appeared on own behalf
Crown Solicitor for the respondent

Background

1. In May 2002, three brothers, Edmund, Robert and Gary Dore, purchased 192.69 hectares of land at Murrigal, Murray Upper via Euramo for over $400,000. The brothers hold the property as tenants in common in equal one third shares. The gazetted but unused Bellenden Road diagonally crosses the top half of the property.

1. On 1 July 2002 two anonymous complaints were received by the Department of Natural Resources and Mines (“DNRM”) alleging the clearing of vegetation on the property. On 3 July 2002 an inspection was undertaken and a large area of vegetation was found to have been cleared on the property and over Bellenden Road.  The brothers admitted to officers of the DNRM that they had cleared the vegetation some one to one and half weeks prior to the inspection. No development approvals for clearing on the brothers’ property and no tree clearing permits for clearing on the road had been issued.  

1. About 27 hectares of remnant endangered regional ecosystem and about 3 hectares of remnant of concern regional ecosystem were cleared by the brothers on their own property and about .7 of a hectare of remnant endangered regional ecosystem was cleared on Bellenden Road. Endangered status means that there is less than 10% of pre-European extent remaining across a bioregion (in this case the Wet Tropics Bioregion) or its distribution has contracted to less than 10% of its former range. Of concern status means that between 10% and 30% pre-European extent remains in an intact condition in the bioregion.

1. Each of the brothers pleaded guilty in the Tully Magistrates Court to an offence under the Integrated Planning Act 1997 in relation to the clearing on their property, and another offence under the Land Act 1994 in relation to the clearing on Bellenden Road. On 2 April 2004 each of the brothers was fined $15,000 with respect to the first offence and $3,000 with respect to the second. In default of payment the Magistrate ordered “Levy in distress”. Convictions were not recorded against them.

1. The brothers were represented by counsel in the Magistrates Court but were not legally represented in their appeal to this court although Mr David J. Walter of EnviroWild Pty Ltd, Herberton prepared their Notices of Appeal and a lengthy written submission running to well over 100 pages in support of the appeals.

1. Unfortunately the Notices of Appeal, not having…