The Federal Court has upheld a ruling that found a farm part-owned by Angus Taylor illegally cleared a critically endangered grassland in 2016.
The Department of Environment required Jam Land Pty Ltd to rehabilitate 103 hectares of native grasslands after farmers sprayed herbicide on a 28.5 hectare paddock at Corrowong in south-east NSW in 2016.
Former energy minister and current shadow treasurer, Angus Taylor, part owns Jam Land Pty Ltd through a family trust but has denied any involvement in the property or advocating on behalf of the farmers.
The owners of Jam Land Pty Ltd maintain that the cleared area did not contain an endangered ecological community.
According to the department, the natural temperate grasslands can be identified by "native tussock grasses with a rich diversity of wildflowers and other grassland plants and animals".
The department says it provides vital habitat for at least 19 threatened species, such as the grassland earless dragon, striped legless lizard and other species.
Review rejected
However, in the Federal Court yesterday, Justice Michael Lee dismissed the application for judicial review and ordered Jam Land to pay the government's costs.
The farmers argued the remediation determination was invalid on three grounds, including that the natural temperate grasslands identified in the national environment laws were not listed with sufficient certainty and precision.
They argued the department's remediation advice relied too heavily on the conservation advice document rather than the amending instrument.
They also said the department failed to specify the action to repair or mitigate the damage with significant precision.
But the court found Jam Land's case failed on all three grounds.
'Matter of principle'
Property owner Richard Taylor, brother of Angus Taylor, previously told the ABC it would cost more than $300,000 to challenge the case in the Federal Court.
The farmers have since received funding from Australian Farmers Fighting Fund, a legal fund managed by the National Farmers' Federation.
"The legal costs will be a lot more than the value of the land that we are being asked to remediate," he said.
"But we believe it's a matter of principle and has wider implications for the Monaro."
Part of the original appeal is still under way in the Federal Court and the farmers now have 28 days to appeal the judgement.
The Environment Minister and Jam Land Pty Ltd have been contacted for comment.
