Grant Wesley Turnbull will have to undertake the remediation works on his  property ‘Colorado’ at Croppa Creek, about 60km north-east of Moree, after admitting to clearing native vegetation between January 5, 2013 and July 31, 2014.

Justice Malcolm Craig also found in favour of the Office of Environment and Heritage (OEH), which instigated the proceedings, and imposed a restraining order on the farmer, preventing him and his employees from clearing or causing the clearing of native vegetation on parts of his property.

In a 28-page judgment handed down in the Land and Environment Court in Sydney, Justice Craig said because of several circumstances identified he couldn’t be satisfied that “without a restraining order in place, Mr Turnbull will adhere to the provisions of the Native Vegetation Act in conducting his farming activities on Colorado”. 

The illegal land clearing was discovered by field officers, who used aerial photography and satellite imagery, less than a month after Ian Turnbull shot and killed OEH officer Glen Turner at Croppa Creek on July 29, 2014.

Justice Craig said a report prepared by four expert ecologists showed “that the clearing of native vegetation constituted significant environmental harm”.

“The evidence to which I have referred satisfies me that, as a consequence of the clearing that occurred between January, 2013, and 31 July, 2014, significant environmental harm was occasioned. The acceptance by all four experts that remediation is required, satisfies me that an order for that work should be made,” Justice Craig said.

He said the breach of the act was neither technical nor accidental, “it involved a breach that had significant consequences”, and caused the loss of local endangered ecological habitats. 

Grant Turnbull purchased the property in January, 2012, 

but his father and another employee commenced clearing native vegetation between October, 2011, and January, 2012, using a bulldozer.

Justice Craig found 508 hectares had been cleared on the property, as opposed to the 29.4 hectares Turnbull had conceded had been cleared in contravention of the act.

Turnbull did not deny clearing the land, but challenged the extent of the clearing of native vegetation and the terms of the remedial order during the proceedings.

Turnbull argued the economic consequences of the remedial work was estimated at $3,948,000 over the next 15 years, while fencing off the area to be rehabilitated was estimated to cost $406,560.

He said the cost “would have significant ramifications for the viability of his farming activities” and would significantly diminish the value of his property. 

Turnbull was also ordered to pay the costs of the OEH.