Landowner fined $125,000 after ignoring orders to stop clearing native bush, 200-year-old trees

Unauthorised bulldozing of “really important” native vegetation has landed NSW Southern Highlands property owner Chaza Khouzame a $125,000 fine, plus costs.

Ms Khouzame pleaded guilty to the offence, thereby lessening the initial fine amount of $135,000.

The NSW Land and Environment Court has handed down the ruling after the vegetation on her property at Canyonleigh in the NSW Southern Highlands was cleared in two stages between July 2021 and August 2022.

Ingrid Emery from NSW Biodiversity, Conservation and Science said the land cleared was rich in biodiversity.

“They are really important habitat for endangered koalas as well as the gang-gang cockatoo and yellow-bellied glider.”

In a judgement handed down in the NSW Land and Environment Court, the court heard that the 40.86 hectare property on Tugalong Road was purchased in January 2021 and initially used for occasional visits.

“She [Ms Khouzame] and her family would visit the property on weekends and holidays and camp in a tent on the property,” Justice Brian Preston told the court.

“By 18 August 2021, earthworks had occurred within a 3.24 hectare area of the cleared area where the ground was stripped bare of native vegetation, including all trees, understorey and groundcover,” he said.

“Sometime prior to 18 August 2021, a bulldozer, excavator or other earthmoving equipment had cleared native vegetation and constructed a dirt road approximately seven to 10 metres wide.

Ingrid Emery said the landowner was twice instructed to stop clearing.

“The landowner continued to clear even after Wingecarribee Shire Council served them with a Development Control Order in August 2021 and the Department of Planning and Environment served them with a Stop Work Order in April 2022.”

There is a remediation order over the land but it is yet to be implemented.