Daniel John Molloy, a 70-year-old farmer from Tintinara, South Australia, has been fined $84,000 for illegally clearing 112 hectares of land on his property. This penalty is considerably lower than the potential $2.2 million he would have incurred had he pursued the necessary permits for the work.
Molloy, who operates under his company Treetops Estate Pty Ltd, pleaded guilty to charges in the Environment, Resources and Development Court for actions taken between May and July 2023. The court heard that Molloy made the decision to clear over 600 native vegetation specimens, including various species of gum trees, after fallen branches resulted in the deaths of two bulls, a cow, and a lamb in January of the same year.
During the sentencing, Senior Judge Michael Durrant emphasized the seriousness of the offense, noting Molloy’s awareness of the significant financial implications of obtaining the required permits. He stated that if the Native Vegetation Council had approved the clearing, Molloy would have been required to contribute more than $2 million to the state’s Native Vegetation Fund.
Despite this knowledge, Molloy chose to hire a contractor for the clearing without making the necessary inquiries about permits. Following the clearing, he proceeded to plant canola on the majority of the land that had been cleared.
Judge Durrant remarked, “The defendants prioritized profit and commercial interests over the environment.” He further noted that the fines must be substantial enough to deter similar future offenses rather than merely reflecting a cost of business operations.
In his decision, Judge Durrant pointed out that the clearing of 112 hectares resulted in a loss to the fund of over $2,248,000. Both Molloy and Treetops Estate Pty Ltd were fined $42,000 each, which is significantly lower than the maximum penalty of $280,000 they could have faced.
Judge Durrant highlighted the ecological impact of the clearing, which included the destruction of pink gums, South Australian blue gums, sand-heath grass trees, peppermint boxes, and a rare hybrid of two gum species. The judge noted that the clearing adversely affected high-value remnant vegetation and the habitats of 18 species of native birds, including three species of conservation concern: the peregrine falcon, the purple-gaped honeyeater, and the black-chinned honeyeater.
Molloy’s attorney, Anthony Crocker, requested that no conviction be recorded; however, Judge Durrant determined that the severity of the offense warranted a conviction. He stated, “I believe that recording a conviction is important for public awareness of this wrongdoing, as well as for both specific and general deterrence.” In addition to the fines, Molloy is required to pay $1,210 in costs to the South Australian Department for Environment and Water.
