Justice

Tasmanian businessman fined for interfering with cultural artefacts

The businessman faced nine charges after the clearing of vegetation without a permit in January 2023.

GRAEME ELPHINSTONE  COURT

Prominent Tasmanian businessman Graeme Elphinstone was sentenced for nine counts of interfering with a relic in relation to land work at Little Swanport on the state's east coast in 2023. Source: AAP / Ethan James/AAP Image

An influential businessman has been fined $12,000 for interfering with Aboriginal relics during land clearing, with a magistrate ruling his conduct was at the lower end of the scale.

However, Graeme Elphinstone ought to have known the area in question, at Little Swanport, on Tasmania's east coast, was an Aboriginal heritage site.
Elphinstone, who heads a company that developed a specialist logging truck trailer, was earlier found guilty of nine counts of interfering with a relic.

Hobart Magistrates Court was told the maximum penalty for an individual found guilty was $181,000.

The charges were a result of vegetation clearing without a permit in January 2023, done to "clean up a mess" caused by trespassers, the court was told.

Magistrate Reg Marron said Elphinstone didn't know the relics were there, and that the offending was at the lower end of the scale and didn't involve any damage or defacing.

"(However) in the circumstances ... you ought to have known it was an identified Aboriginal site," Mr Marron said on Monday.

The type and extent of the relics at the site were not detailed during sentencing.
Speaking outside court, Elphinstone, who had previously pleaded not guilty, said the matter shouldn't have reached this point.

An archaeologist's report described the interference as disturbance on the ground surface, Mr Marron said.

He also noted a cultural impact statement provided to the court describing the broad significance of artefacts to the Aboriginal community and their connection to identity.

In imposing a $12,000 fine, Mr Marron accepted there was a need for general deterrence.

He noted Elphinstone was a man of good character, had made a significant contribution to Tasmania's east coast, had no relevant prior convictions and was highly unlikely to re-offend.

Mr Marron didn't record a conviction and ordered Elphinstone to pay $80 in court costs.

In 1977, Elphinstone designed and built a log trailer and has since manufactured log truck equipment and specialised transport equipment.

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Source: AAP



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