A property owner near Eidsvold is appealing a million-fine and costs order against him for illegally clearing land. The grazier claims he used a bulldozer to clear fire breaks around his property and not chains. (File pic) Credit:Angela Wylie He gave two examples where courts reduced graziers' fines on appeal. "The matter is currently before appeal so I can't make too much comment about the decision other than to say we are very disappointed," Mr Marland said. He said Mr Baker was fined $276,000 and costs awarded against him were the prosecutions legal and investigation costs of $706,309. "Which is three times the fine," Mr Marland said.

The court on Monday found Baker guilty of 46 offences under both the Forestry Act and the Sustainable Planning Act and fined him a total of $999,780 including costs. Department of Natural Resources director-general James Purtill said Mr Baker kept clearing land despite being warned by the department. "The fine handed down reflects the significant extent of the illegal clearing and Mr Baker's deliberate actions, despite direct warnings given to him by the department," Mr Purtill said. He said Mr Baker originally contacted the department asking for advice about managing vegetation on his property. However he never received a permit to clear land, Mr Purtill said.

"Mr Baker contacted the department in 2011 to seek advice about managing vegetation on his property," he said. "But he continued to illegally clear vegetation without a permit despite being given clear information about his responsibilities." Overall Mr Baker cleared 350 hectares of native vegetation his property between May 2011 and March 2014. Mr Marland gave two examples of graziers - one at St George and a second at Wyandra - who had their costs reduced after appealing. He said the St George grazier who cleared 1819 hectares of land and was originally fined $118,000 and ordered to pay $14,549 investigation costs and $9,274.03 in legal costs had his fine reduced on appeal to $40,000 in a District Court appeal on April 21, 2016.

In an earlier 2011 District Court decision, in relation to a Wyandra grazier who cleared 1300 hectares, was originally fined $100,000, which was reduced to $30,000 on appeal. Mr Purtill said Mr Baker took advantage of Queensland's self-assessable codes to judge which land can be cleared and which must be protected. "Queensland strikes a balance between enabling landowners to get on with managing their businesses by sensibly clearing appropriate vegetation, and protecting our environment," he said. "Our self-assessable codes enable landholders to undertake a range of vegetation management activities without needing to apply for a permit. "But the rules are in place to protect valuable ecosystems and reduce sediment run-off."

Mr Baker's actions were detected using satellite technology, then on-site inspections. "In addition to on-ground inspections, the department uses satellite technology to quickly detect changes in vegetation cover across Queensland," Mr Purtill said. "This enables us to make early contact with landholders if it appears they're doing the wrong thing. "This ensures we can contact landholders before inappropriate clearing becomes widespread." Mr Purtill said the department tried to work with landholders in the first instances.

"But it is important that landholders work with us and abide by the rules in place," he said. Mr Marland urged landholders to seek legal advice before clearing land on their properties. "This matter is of significant importance, obviously for Mr Baker, but also all landholders throughout Queensland in relation to what they can and can't do on their properties," he said. "Anyone wanting to undertake clearing works in areas containing native vegetation, even if for a firebreak, fenceline or road, should seek legal advice prior to undertaking those works" Mr Marland said. Queensland's Parliament failed to pass labor's new tree clearing legislation put forward by the Palaszczuk Government in August 2016.

The legislative failure – when former Labor MP, now independent Billy Gordon - and the two Katter's Australian Party MPs voted with the Opposition to defeat the bill. Labor said it would not try again in this term of office to introduce the tree clearing legislation. Environment Minister Steven Miles and deputy premier Jackie Trad said the refusal to back tougher clear tree-clearing legislation could increase nutrient flow into rivers ultimately impacting the waters around the Great Barrier Reef. Mr Miles said in 2016 he would make it an election issue. The Opposition accused the government of scaremongering.

"I am very pleased that the deliberate scare mongering and misinformation that was distributed by Labor ... did not cut through with ... the critical members of the crossbench, whose votes were very decisive in the final result," Shadow Natural Resources spokesman Andrew Cripps said in August 2016.