Minister for Sustainability Environment Water Population and Communities v Debono.

On 31 March 2010, eucalyptus microcarpa and derived native grasslands were placed under the 'endangered' category in the list of ‘threatened ecological communities’ under s 181 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). During an inspection carried out on 6 May 2010 of the eastern paddock of the Parwan farmland, Mr Debono was told to stop all rock removal and vegetation clearing until advised otherwise by the Department. Observations of the western paddock at this time demonstrated the appearance of no rock removal or vegetation clearing as having taken place. On 22 July 2010, inspections carried out with an ecological expert appeared to show large portions of ploughed land in the western paddock. The ecological expert later prepared a report indicating approximately 43 hectares in the western paddock had been disturbed by ploughing undertaken in July 2010. Mr Debono was informed it was likely at least one ecological community protected by environmental law was within his property and it was strongly suggested he should cease further work. In a letter to the Department, Mr Debono said he sought advice from local council whether a permit was required for rock removal and was informed the permit wasn’t necessary. During a further inspection on 14 December 2010 it was observed that the western paddock had been subject to significant clearing and rock removal compared to previous inspections. The Judge found the evidence submitted by the Minister for the Department of Sustainability Environment Water Population and Communities had provided sufficient likelihood of success to justify injunctive relief and if ploughing and rock clearing were left to continue it may fundamentally change the present nature of the ecological community indentified on the property. He ordered an interim injunction prohibiting activities on a farmland in Parwan, Victoria on that basis of disturbance to the ecological community eucalyptus microcarpa.