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Legislative Assembly for the ACT: 1997 Week 1 Hansard (20 February) . . Page.. 234 ..

MR HUMPHRIES (continuing):

Mr John Hyles Junior was appointed to the Rural Leases Task Force as a representative of the Rural Lessees Association. Mr Hyles Junior is also a member of the Paddys River Landcare Group, has been involved in drought land care works and is also active in feral animal control in the area. Mr Hyles Junior did appear in court on Wednesday, 26 October 1988, and pleaded guilty to two charges of breaching the Nature Conservation Ordinance. There was, I understand, some question on Mr Hyles's part about whether the area which was bulldozed formed part of Mr Hyles's lease or whether it formed part of Namadgi National Park. No conviction was recorded by the court, and Mr Hyles offered to make good any damage which had been done. That was later reported by the Canberra Times in December 1988. For completeness, I table that article as well.

As I said yesterday, I asked the chief executive of the Department of Urban Services, Mr Gilmour, to review the process used to appoint Mr Hyles. Mr Gilmour has written to me this morning. I now also table a copy of that advice. He says:

On the evidence presented to me, John Hyles (jnr) has no personal convictions recorded against him in either New South Wales or the ACT for breaches of environmental legislation. Company records show that John Hyles (Jnr) is not currently, nor has he been, a director, shareholder or manager of Tharwa Sand Pty Ltd.

Mr Gilmour goes on to say:

After Mr Hyles signed a consent form, I have studied his police record. The only matters for which he is recorded are traffic matters. Mr Hyles has openly acknowledged that ... he was responsible for the damage caused to a part of Namadgi National Park adjacent to his lease. The Magistrate did not record a conviction but directed Mr Hyles to work with the Department to remediate the damage caused. I understand that he did this to the satisfaction of the Department.

Mr Speaker, Mr Moore asked me on Tuesday to hold Mr Hyles Junior accountable, in effect, for the actions of a company of which his father is a director. I do not propose to do that. In view of the finding of the court that no conviction be recorded against Mr Hyles, I believe that it would be a denial of natural justice to now sack him from the Rural Leases Task Force. He has no convictions in New South Wales for any environmental offences; he has no convictions in the ACT for any environmental offences; he is not a shareholder, director or manager of a company which has any environmental offences recorded against it; he does admit to having caused damage to part of Namadgi National Park nine years ago, but in circumstances so extenuating that the magistrate of the day decided not to proceed to record any conviction against him; and the body of which he is a member is due to report within the next month or so.

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