
MEDIA RELEASE 20 APRIL 2008
Ombudsman catches Council out on land clearing
Eurobodalla Shire Council has been taken to task by the NSW Ombudsman for not acting lawfully in relation to vegetation clearing in the shire. In a scathing report dated the 8th April 2008, the Acting Assistant Ombudsman General, has found that the Council acted unlawfully by ignoring the Native Vegetation Act and its own Local Environment Plan (LEP).
President of Coastwatchers, Mark Fleming said, “We have observed for many years the poor attitude of this Council in relation to the clearing of vegetation in the Shire. They have finally been caught out for acting illegally in ignoring State legislation and their own planning rules.”
“In a strong report the Ombudsman noted that the Council ‘belatedly acknowledged that it should be required to comply with its own LEP’. On reading the report it appeared that there was no desire of some senior Council staff, who are no longer employed by the Council, to act within the law and it appeared that they had little understanding of the Council’s legal requirements under State legislation and Council’s statutory regulations.”
He continued, “Currently, approximately 80 football fields of vegetation are cleared each year in the Eurobodalla. This is unacceptable to the Coastwatchers Association and the many residents of the area. The Council does not seem to have the will to reduce this level of clearing and this report is timely in reminding them that they are not above the law.”
“It appears that the Council relied on policies that were inaccurate, non statutory strategies masquerading as planning law and a lack of any will to uphold the Native Vegetation Act. Even when Council staff advised the senior management of the Council that the Council was acting illegally in relation to the clearing of vegetation consents, they continued the unlawful practice.”
Coastwatchers congratulate the NSW Ombudsman on its thorough investigation of this matter and we will continue to hope that the Council will actively promote the retention of native vegetation rather than be driving the loss of habitat across the shire.