A Scar on the Landscape: Council Fined

Recently ABC News (24.12.18) reported that the northern NSW council of Clarence Valley had been fined for harming an ancient Aboriginal “scar” tree that was important to Aboriginal culture. The scarred red/black bean tree had been registered as a culturally modified tree in 1995 on the Aboriginal Site Register. This meant that it was an offence to harm or desecrate the tree.

Despite the tree’s protected status, the Council removed the tree in May 2016. Having realised its error, caused by internal procedural failings, the Council reported itself to the Office of Environment and Heritage. The Council was subsequently convicted of an offence under the National Parks and Wildlife Act 1974 at the NSW Land & Environment Court: Chief Executive, Office of Environment and Heritage v Clarence Valley Council (2018) NSWLEC 205.

Believed to be a first, the Court’s ruling included a series of detailed orders including several directives that were reached after consultation with the Local Aboriginal Lands Councils and community members. Justice Brian John Preston cited a motion and letter of apology, in which the council "unreservedly" apologised and expressed its "extreme remorse". The Council was fined $300000 which was to be given to a local Aboriginal Land Council to fund research into Aboriginal cultural aspects. The Council also had to pay the $48000 costs of the prosecution. The Council was ordered to publish a notice about what had happened in a number of newspapers, including The Sydney Morning Herald, and on the Council’s website and Facebook pages.

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