Landowner Fined for Non-Compliance (Limestone Extraction)

Published on Thursday, 25 March 2021 at 11:39:32 AM

In the Perth Magistrates Court on 12 March 2021, a local landowner was found guilty of breaching a development approval under the Planning and Development Act.

The breach related to extracting limestone below the approved depth, contrary to the conditions of the limestone extraction approval. Recognising the City of Busselton’s concerns relating to the environmental risk associated with this action, the Court ordered the defendant to pay a fine of $15,000 as well as costs of $1,395.40.

The extraction of limestone below the legally approved depth occurred in Wonnerup in September 2020.

The maximum penalty possible under the Planning and Development Act 2005 for carrying out development without development approval is $200,000 for individuals and $1,000,000 for a company.

City of Busselton CEO Mike Archer reminded all developers, landowners and contractors, whether they are engaging in clearing, building or extraction activities to obtain the necessary approvals before proceeding and to comply with the approval conditions at all times.

“Persons who undertake unauthorised development can cause significant damage to the environment and place others at risk” he said. 

“They should not be tempted to take short-cuts, or in this case, fail to comply with the conditions of the development approval.”

“Where the City suspects that due process has not be followed, we will investigate and pursue offenders to the courts if necessary as the City has done on a number of recent occasions.”

Objectives outlined in this statement are aligned with Key Goal Area 3 in the City of Busselton’s Strategic Community Plan (Review 2019): Environment that is values, conserved and enjoyed.

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