Evidence of the broader environmental impact of unlawful clearing on threatened species and ecological communities listed under other legislation (NPWA, TSCA, EPBCA) is admissible to assess the extent of environmental harm caused by the offence under s 12(1) of the NVA, and does not offend the De Simoni principle, provided it is not tendered as evidence of an aggravating circumstance. Pre-existing disturbance to land is relevant to assessing environmental harm but does not reduce the penalty. Engaging a purported specialist contractor to carry out clearing does not exonerate a landowner from liability or mitigate recklessness, particularly where warning signs (such as the Keystone report) were ignored.
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