
Why an Aussie bloke fined $25,000 by his local council thought he was 'doing the right thing'
Craig Wilson Donohue faced Mandurah Magistrates Court on May 7 charged with carrying out development in an area subject to a local planning scheme.
Mr Donohue pleaded guilty for clearing and substantially trimming native bushland on his Forrington Heights property and part of the Shire of Waroona's road reserve.
The trimming, which took place in late 2024, spanned an area of at least 1,000sqm of bushland which had been deemed an environmentally sensitive area.
Mr Donohue claimed he was trying to 'do the right thing' by removing fencing and barbed wire from the area as he believed it presented a 'danger to native animals'.
He also argued the invasive cottonbush, poisonous nightshade and South African weed watsonia had taken over the area and blocked native fauna from flourishing.
But the council's prosecutor told the court his actions would have long-lasting and significant impacts on the protected area, the Mandurah Times reported.
The Shire of Waroona claimed Mr Donohue's mechanical trimming and hot burning - an intense fire over an extensive area - had impacted the natural habitat of several endangered plants and animals.
Council argued the marri and banksia trees, which are the natural foraging habitat of the black cockatoo, split open and died due to the heat of the fire.
Native shrubs and ground covers were also substantially trimmed and cleared.
While the prosecution accepted Mr Donohue's actions were 'somewhat inadvertent' they argued he should have received clearance from the council.
On her ruling, Magistrate Leanne Atkins told Mr Donohue there would be a significant penalty for his actions as he failed to seek the appropriate approval.
He was fined $25,000 and was ordered to pay $1,500 in costs to the council.
In accepting the decision, Mr Donohue pledged to sow 200 plants over the course of two years to help with re-vegetation in the affected area.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


The Guardian
3 hours ago
- The Guardian
WA lawyer referred to regulator after preparing documents with AI-generated citations for nonexistent cases
A lawyer has been referred to Western Australia's legal regulator after using artificial intelligence in preparing court documents for an immigration case. The documents contained AI-generated case citations for cases that did not exist. It is one of more than 20 cases so far in Australia in which AI use has resulted in fake citations or other errors in court submissions, with warnings from judges across the country to be wary of using the technology in the legal profession. In a federal court judgment published this week, the anonymised lawyer was referred to the Legal Practice Board of Western Australia for consideration and ordered to pay the federal government's costs of $8,371.30 after submissions to an immigration case were found by the representative for the immigration minister to include four case citations that did not exist. Justice Arran Gerrard said the incident 'demonstrates the inherent dangers associated with practitioners solely relying on the use of artificial intelligence in the preparation of court documents and the way in which that interacts with a practitioner's duty to the court'. The lawyer told the court in an affidavit that he had relied on Anthropic's Claude AI 'as a research tool to identify potentially relevant authorities and to improve my legal arguments and position', and then used Microsoft Copilot to validate the submissions. The lawyer said he had 'developed an overconfidence in relying on AI tools and failed to adequately verify the generated results'. Sign up: AU Breaking News email 'I had an incorrect assumption that content generated by AI tools would be inherently reliable, which led me to neglect independently verifying all citations through established legal databases,' the lawyer said in the affidavit. The lawyer unreservedly apologised to the court and the minister's solicitors for the errors. Gerrard said the court 'does not adopt a luddite approach' to the use of generative AI, and understood why the complexity of migration law might make using an AI tool attractive. But he warned there was now a 'concerning number' of cases where AI had led to citation of fictitious cases. Gerrard said it risked 'a good case to be undermined by rank incompetence' and the prevalence of such cases 'significantly wastes the time and resources of opposing parties and the court'. He said it also risked damage to the legal profession. Gerrard said the lawyer did 'not fully comprehend what was required of him' and it was not sufficient to merely check that the cases cited were not fake, but to review those cases thoroughly. 'Legal principles are not simply slogans which can be affixed to submissions without context or analysis.' There have been at least 20 cases of AI hallucinations reported in Australian courts since generative AI tools exploded in popularity in 2023. Last week, a Victorian supreme court judge criticised lawyers acting for a boy accused of murder for filing misleading information with the courts after failing to check documents created using AI. The documents included references to nonexistent case citations and inaccurate quotes from a parliamentary speech. Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion There have also been similar cases involving lawyers in New South Wales and Victoria in the past year, who were referred to their state's regulatory bodies. However, the spate of cases is not just limited to qualified lawyers. In a NSW supreme court decision this month, a self-represented litigant in a trusts case admitted to the chief justice, Andrew Bell, to have used AI to prepare her speech for the appeal hearing. Bell said in his judgment that he was not criticising the person, who he said was doing her best to represent herself. But he said problems with using AI in preparing submissions were exacerbated when the technology was used by unrepresented litigants 'who are not subject to the professional and ethical responsibilities of legal practitioners'. He said the use of generative AI tools 'may introduce added costs and complexity' to proceedings and 'add to the burden of other parties and the court in responding to it'. 'Notwithstanding the fact that generative AI may contribute to improved access to justice, which is itself an obviously laudable goal, the present case illustrates the need for judicial vigilance in its use, especially but not only, by unrepresented litigants.' The Law Council of Australia's president, Juliana Warner, said sophisticated AI tools offered unique opportunities to support the legal profession in administrative tasks, but reliance on AI tools did not diminish the professional judgment a legal practitioner was expected to bring to a client's matter. 'Where these tools are utilised by lawyers, this must be done with extreme care,' she said. 'Lawyers must always keep front of mind their professional and ethical obligations to the court and to their clients.' Warner said courts were regarding cases where AI had generated fake citations as a 'serious concern', but added that given the widespread use of generative AI, a broadly framed prohibition on its use in legal proceedings would be 'neither practical nor proportionate, and risks hindering innovation and access to justice'.


The Guardian
15 hours ago
- The Guardian
Body of infant found in Perth storm water drain had been there for two weeks, WA premier says
A baby girl found dead in a storm water drain is believed to have been there for two weeks. The horrifying discovery of the infant's body was made in Alexander Heights in Perth's north on Monday afternoon. The Western Australia premier, Roger Cook, said the baby girl was believed to have been inside the drain for about a fortnight. Sign up: AU Breaking News email 'The mother of that child must be incredibly distressed,' he told reporters on Tuesday. It is understood tradespeople found the body while cleaning the drain on Monday, in what Mr Cook described as a 'horrifying scenario'. 'Those workers that discovered the child's body were confronted with the most distressing of circumstances,' he said. 'My heart goes out to everyone involved in this horrible, horrible series of events. 'This goes to the heart of everyone's sense of humanity, a small child whose life has passed under tragic circumstances.' WA police confirmed the investigation into the grim discovery remained ongoing. Anyone with information has been urged to contact police. More details soon …


The Guardian
a day ago
- The Guardian
Dead infant found in Perth stormwater drain
The body of a dead infant has been found in a stormwater drain in Perth, Western Australia police have confirmed. Police said multiple resources were deployed to the suburb of Alexander Heights after they received reports about 1pm on Monday. An investigation is under way into the circumstances surrounding the incident, police said. Alexander Heights is located in Perth's north. Police have urged anyone with information to come forward.