Moves by Wingecarribee Shire Council to prosecute the Prime Minister's brother and/or sister-in-law for illegal tree felling in Bowral have nothing to do with the Howard name, according to councillors and council officers in favour of taking the issue to court.
None of those contacted by the Southern Highland News - including council, the property's caretaker, who refused to comment, and the contractor - were able to confirm whether the Wallingwood property, purchased by Mr Howard's wife Caroline about 12 months ago, was in his name and who was the legal owner.
A motion resolved in closed council on December 14 named the owner of the property as John Howard's elder brother Stan.
But director of environment and planning Scott Lee said from the council's point of view "the action is against the owner" - whoever that turns out to be.
Wingecarribee Shire Council Mayor Gordon Lewis said the decision to prosecute was about principle, not personality.
Too much unapproved clearing and construction was going on in the district and the council needed to send a clear message to others in the area, he said.
"It's ridiculous to say council is taking action to the Land and Environment Court only because the perpetrator is Stan Howard," he said.
Councillor Malcolm Murray, who moved the December 14 motion, agreed.
"It's got nothing to do with the Howard name," Cr Murray said.
"It's to do with the fact that in this shire people are either building illegal structures or knocking down trees without approval when they are aware, or should be, that they need council approval.
"There's been too many of these examples and council has got to take a stand."
While he said firm statistics on unapproved clearing in the shire were unknown, the amount was significant and could not be ignored.
"We've been told, anecdotally, that there's been quite a lot of land clearing going on without approval and Mr Howard is not the only one. People who do this will be penalised."
Council's environment and health manager Andrew de Montemas, speaking on behalf of the ranger who investigated the incident after receiving a complaint from a neighbour to the property, said the reasons given by the caretaker for the clearing were "all totally erroneous".
Reasons given for clearing included reducing the risk of fire to his house, and snakes to Mr Howard's children.
Mr de Montemas said "the implications of what they've done are severe".
While many clearing incidents went unreported, rangers investigated such cases of illegal clearing "once a fortnight, perhaps, but sometimes it might be three or four times a week", he said.
Councillor Larry Whipper, who seconded the motion, said while he could not say if those involved knowingly cleared the endangered species, the fact remained the contractor who did the clearing at the request of the Wallingwood caretaker and with the approval of Mr Howard, broke the law.
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