Community leaders in Esperance say the response by state authorities to allegations of widespread illegal land clearing has been “extraordinarily disappointing”.
The illegal planting of crops along road reserves near the town, 700 kilometres south-east of Perth, has sparked repeated reports to officials, particularly after devastating bushfires in 2015 resulted in multiple fences being removed.
Documents seen by the ABC showed shire staff had reported 39 allegations of unauthorised clearing to the Department of Water and Environmental Regulation between 2018 and 2022.
It equated to about 78 kilometres of road verge, or 114 hectares.
While the behaviour is often alleged to be for financial gain of individual landowners, no fines or infringements were issued as of 2022.
The ABC contacted the department to see if any had been issued since, but did not receive a response by deadline.
The lack of enforcement, and a seeming lack of further action, led the local shire to propose a $2/metre fine for people caught illegally cropping.
But residents who attended public question time at the council’s meeting earlier this week demanded much tougher penalties.
Botanist Katie White said it was “brazen land-grabbing” with the reserves providing a critical ecosystem that benefited the environment and agriculture.
Alleged unauthorised clearing shows cropping to the edge of a road. (Supplied)
“Illegal clearing and destruction of a public asset — our vegetation — that is critical for our health as a community is happening now,” she said.
“This current proposed infringement is simply not good enough.”
Department ‘missing’ on issue
The council took most of Ms White’s questions — including ones about plans to rehabilitate already damaged areas and how impacted areas would be measured — on notice.
It said the shire had no jurisdiction over illegal clearing and imposing minor fines for illegal cropping was about as much as it could do.
Councillor Shayne Flanagan said the Department of Water and Environmental Regulation had been “absolutely missing” on the issue.
Road reserves can be important habitat for wildflowers. (ABC Esperance: Emily Smith)
“It’s extraordinarily disappointing,” he said.
Not always a land grab
Councillor Wes Graham said he and former shire president Ian Mickel had raised the issue with farmers a few years ago.
He said the practice was not always about “land grabbing” but weed control.
Shire chief executive Shane Burge said he did not believe all road reserve cropping was deliberate.
“I think a lot of it is around weed control and management of that area,” Mr Burge said.
The shire reports claim some farmers clear road reserves for financial gain. (Supplied)
Resident Lori-Ann Shibish, who also spoke at the meeting, suggested discussions with landowners “should have a round two”.
“Road reserves continue to be removed … the loss is unbelievable,” she said.
Mr Burge said councils were only allowed to enforce a maximum penalty of $5,000.
He said if there was a chance the proposed local law may result in fines exceeding that amount, it would not be permitted.
Councillors resolved to lay the matter on the table until March, giving them more time to investigate the issue before putting the proposed local law out for public comment.
Ms White said she was pleased with the response.
“I’m supportive of leadership that advocates for the environment and shows due diligence in the infringement process,” she said.
The Department of Water and Environmental Regulation has been contacted for comment.
