An Aboriginal antheral recovered blameworthy of illegally clearing onshore connected a scenic land has appealed the determination saying it his close to bash truthful nether autochthonal title.
Quandamooka elder Darren Burns, who cleared onshore connected southbound eastbound Queensland's North Stradbroke Island to physique his girl a house, claims it was a accepted taste enactment arsenic allowed nether autochthonal title, exempting him from readying laws.
He is appealing successful District Court a good of $20,000 imposed by Brisbane Magistrates Court successful February for clearing 2,900sq/m of protected vegetation astatine Point Lookout connected North Stradbroke.
Redland City Council, who prosecuted Mr Burns for prohibited development, said successful a connection it acknowledged and respected the tract was nether autochthonal rubric but the clearing had inactive been prohibited.
'Council takes the unlawful clearing of vegetation earnestly and volition proceed to clasp each persons accountable for the amerciable clearing of vegetation,' a assembly connection said.
Lawyers for Mr Burns reason successful his entreaty that helium was exercising his inherent rights nether autochthonal rubric to take earthy resources.
The entreaty claims Magistrate Ross Mack erred successful uncovering it was an amerciable improvement and that Mr Burns was successful information conducting accepted Aboriginal onshore absorption practices by burning bushland for revegetation.
Quandamooka elder and ranger Darren Burns is appealing a determination helium illegally cleared portion of Queensland's North Stradbroke Island
Lawyers for Mr Burns person argued that helium was conducting accepted Indigenous onshore absorption practices
They assertion the consequent regrowth connected the country was not challenged successful the earlier tribunal hearing.
'The appellant (Mr Burns) astatine nary clip contended that the eventual operation of the projected residence and aboriginal usage of the onshore was either a accepted Aboriginal taste enactment oregon successful workout of immoderate autochthonal rubric close which helium had,' the entreaty documents said.
'He conceded ever that helium would, after, necessitate support for immoderate indispensable operation but that helium had, up until then, engaged successful a accepted taste activity.'
Mr Burns' lawyers person asked for their lawsuit to beryllium acquitted oregon for the tribunal to bid a caller trial.
Mr Burns was fined $20,000 successful February for clearing 2900sq m of protected vegetation astatine Point Lookout (pictured)
Redland City Council declined to remark to the Courier Mail on the entreaty arsenic they said it was earlier the court.
The entreaty is acceptable to beryllium heard adjacent month.
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