A QUEENSLAND farmer has been fined more than $300,000 after challenging a court penalty he was handed for illegally clearing native vegetation near the Gwydir Wetlands.
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John Hudson, who lives in Mitchell, Queensland, was re-sentenced in the Land and Environment Court late last week after the court ruled against him six years ago.
In 2009, Hudson was convicted in the Land and Environment Court (LEC) for clearing nearly 500 hectares of native vegetation on his property Yarroll, near the environmentally sensitive Gwydir Wetlands, west of Moree.
He was fined $400,000 but appealed against his conviction to the NSW Court of Criminal Appeal (CCA).
In 2012, the court found Hudson would inevitably have been convicted and the appeal failed, but it noted during the sentencing hearing that his mitigating case had not been considered by the LEC.
The CCA ordered Hudson to be re-sentenced in the LEC, before Justice Rachel Pepper handed down the penalty of $318,750 on July 10.
Justice Pepper noted the magnitude of the offence and found Hudson committed it recklessly or negligently.
She also noted he was not remorseful, he did it for financial gain, he had not demonstrated that he suffered any financial hardship and that he was not cooperative during the investigation.
“The sentence of this court is a public denunciation of the conduct of Mr Hudson. It ensures that he is held accountable for his actions and is adequately punished,” Justice Pepper said in her judgment.
Following the sentencing, Office of Environment and Heritage deputy chief executive Ian Hunter said the strong judgment and large penalty reflected the serious nature of the offence.
“The court’s decision sends a strong message that landholders need to abide by the law,” Mr Hunter said.
Justice Pepper also ordered Hudson to pay the costs of the prosecution.