An Eidsvold cattle producer fined and ordered to pay costs adding up to almost $1 million for clearing fire breaks will take the matter to the Court of Appeal.
Michael Vincent Baker was last year unsuccessful in appealing the decision through the District Court but on January 6 a notice of appeal was filed to escalate the matter to the higher court.
Mr Baker was initally fined in 2017 in the Brisbane Magistrates Court over 46 offences on his 9000 hectare property, Chess Park, dating from between 2011 and 2014.
The charges related to making fire breaks ranging from 14m to 155m wide.
Mr Baker was fined $270,000 and ordered to pay more than $650,000 in costs, along with a restorative payment of $17,471.01.
Mr Baker lodged an appeal but in May 2019 Judge Bernard Porter decided to allow the convictions to stand for all but two charges, which were dismissed because they were not brought within a 12 month time frame.
As part of the appeal, Mr Baker contended that all the land comprised in Chess Park was infrastructure because it was for supporting the economic activity of a cattle grazing undertaking, meaning he was allowed by law to establish a fire break 20 metres wide or equivalent to 1.5 times the tallest adjacent vegetation.
Judge Porter deemed that the land could not be defined as infrastructure but even if it were, only a handful of the convictions would be affected.
"The evidence is that the largest trees on Chess Park were some 20 metres high ," he said.
"On that basis, the largest fire break permitted would be 30 metres."
Judge Porter noted that all but six of the charges related to areas wider than 45 metres.
In December Judge Porter adjusted the fine and costs to be a $250,000 fine, restorative payment of $4,704.05 and costs of more than $200,000.
The matter is expected to be set for hearing later this year.