An Aboriginal man convicted of illegally clearing land on a picturesque island has appealed the decision, arguing he had the right to do so under his native title.
Quandamooka elder Darren Burns, who cleared land on North Stradbroke Island in south-east Queensland to build a home for his daughter, says it was a traditional cultural activity permitted under native title, exempting it from planning laws.
He is appealing in the District Court against a $20,000 fine imposed by the Brisbane Magistrates Court in February for clearing 2,900 square metres of protected vegetation at Point Lookout in North Stradbroke.
Redland City Council, which prosecuted Mr Burns for prohibited development, said in a statement it recognised and respected that the site was under native title but logging had still been prohibited.
“The council takes illegal clearing of vegetation very seriously and will continue to hold anyone involved to account,” a statement from the council said.
Mr Burns’ lawyers argue in their appeal that he was exercising his inherent rights under native title. take natural resources
The appeal argues that Judge Ross Mack was wrong to conclude that this was an unlawful development and that Burns was in fact carrying out traditional Aboriginal land management practices by burning bush to revegetate.
Quandamooka elder and ranger Darren Burns is appealing a decision that he illegally cleared part of Queensland’s North Stradbroke Island.
Mr Burns’s lawyers have argued that he was carrying out traditional indigenous land management practices.
They claim that further growth in the area was not questioned at the previous court hearing.
“The appellant (Mr Burns) at no point contended that the eventual construction of the proposed residence and subsequent use of the land was a traditional Aboriginal cultural activity or the exercise of any native title rights held by him,” the appeal documents say.
‘He always admitted that in the future he would need approval for any necessary construction, but that until then he had dedicated himself to a traditional cultural activity.’
Mr Burns’ lawyers have asked for their client to be acquitted or for the court to order a new trial.
In February, Mr Burns was fined $20,000 for clearing 2,900 square metres of protected vegetation at Point Lookout (pictured).
Redland City Council declined to comment. mail on the appeal as they said it was before the court.
The appeal is scheduled to be heard next month.
