The agreed statement of facts tendered to the court says the area was heavily forested with trees more than 200 years old, which were cut down with chainsaws and logs were gathered and moved by a bulldozer and excavator.
According to the statement of facts, the same day she received the stop work order, she replied to the council’s earlier notice expressing her “deepest apologies” and explaining that she wanted to make the land “safe for my kids to drive in and enjoy the weekend”.
The property is part of the Great Western Wildlife Corridor linking the Blue Mountains and the Morton National Park.Credit: Department of Climate Change, Energy, the Environment and Water
“We plan on building a home for us and did not [know] that we could not clear the trees affecting the property”.
Khouzame, who pleaded guilty to contravening section 60N of the Local Land Services Act in the Land and Environment Court, did not have council approval for the clearing, but said she thought it would be permitted after looking on the Wingecarribee council website.
“Before cutting down the trees, I went onto the council website and completed a questionnaire which advised me that I could remove trees below six metres without needing to obtain council approval,” Khouzame said in evidence.
A yellow-bellied glider at Callala Bay, which are listed as vulnerable.Credit: Brett Mezen
The questionnaire was intended for residents clearing individual trees from their properties, rather than large-scale land clearing. In his judgment, Chief Justice Brian Preston said the majority of trees felled were over six metres.
Khouzame was sent an email by the local council in August ordering her to stop all clearing and work immediately, warning her that the works were in contravention of the EPA Act, and that the works would likely have a long-term impact on the surrounding environment.
Instead of complying with the notice, Khouzame instead continued the work for another seven days to complete the first round of land clearing, and in May 2022 began a second round of works, including the destruction of more vegetation.
The Department of Planning and Environment sent her a stop work order in April 2022, warning her actions would likely be considered illegal.
The clearing would likely have seen a significant reduction in habitat for koalas and the vulnerable yellow-bellied glider, the statement of agreed facts said. As the area did not burn during the Black Summer bushfires, the native vegetation was important for animal populations that may have shifted after their habitats burned.
Chief Justice Preston found that while the first instance was negligence, by ignoring warnings from government agencies and continuing the works for a second round, Khouzame had been reckless.
In sentencing, Preston imposed a $180,000 fine, which was discounted to $135,000 due to Khouzame’s guilty plea. She was also ordered to pay the prosecutor’s costs.
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