Chief Executive, Office of Environment and Heritage v Traikaero Pty Ltd; Chief Executive, Office of Environment and Heritage v Woods [2019] NSWLEC 90

Chief Executive, Office of Environment and Heritage v Traikaero Pty Ltd; Chief Executive, Office of Environment and Heritage v Woods [2019] NSWLEC 90

Where both a company and its director plead guilty to unauthorised and reckless clearing of native vegetation under the Native Vegetation Act 2003, causing substantial environmental harm for financial gain, and where remorse, good character, early plea, and remediation are established, the penalty should be at the low to middle range for the offence, discounted for the plea, with allowance made to avoid double punishment given the relationship between the company and its director. An equal apportionment of the aggregate fine may be appropriate where responsibilities and culpabilities are equal.

Parties
Prosecutor: Chief Executive of the Office of Environment and Heritage; First Defendant: Traikaero Pty Ltd; Second Defendant: Anthony Norman Woods
Jurisdiction
Australia
Judgment Date
25 June 2019
Procedural Posture
Criminal Environmental Sentencing / Sentence
Outcome
Conviction and fine imposed on both defendants
Legal Topics
Clearing of Native Vegetation, Objective Seriousness of Offence, Substantial Environmental Harm, Sentencing Principles, Environmental Harm Mitigation, Fines and Penalties, Corporate and Director Liability
Environmental Law Criminal Law Clearing of Native Vegetation Objective Seriousness of Offence Substantial Environmental Harm Sentencing Principles Environmental Harm Mitigation Fines and Penalties +1 more

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Parties

Chief Executive of the Office of Environment and Heritage

Prosecutor

Traikaero Pty Ltd

First Defendant

Anthony Norman Woods

Second Defendant

Procedural Posture

Criminal Environmental Sentencing / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for unauthorised clearing of native vegetation under the Native Vegetation Act 2003?
  2. 2 How should the sentences account for objective seriousness, subjective factors, and the relationship between a corporate offender and its director?

Ratio Decidendi

Where both a company and its director plead guilty to unauthorised and reckless clearing of native vegetation under the Native Vegetation Act 2003, causing substantial environmental harm for financial gain, and where remorse, good character, early plea, and remediation are established, the penalty should be at the low to middle range for the offence, discounted for the plea, with allowance made to avoid double punishment given the relationship between the company and its director. An equal apportionment of the aggregate fine may be appropriate where responsibilities and culpabilities are equal.

Court Disposition

Conviction and fine imposed on both defendants

Orders

  • Traikaero Pty Ltd is convicted of the offence against s 12(1) of the Native Vegetation Act 2003 as charged.
  • Traikaero Pty Ltd is fined $170,000.