Hannam & Anderson [1998] NSWLEC 81

Hannam & Anderson [1998] NSWLEC 81

Given the defendant's lack of knowledge of the land's protected status, his motive to improve the land and remove vermin, his enquiries about SEPP 46, the prior felling of much of the timber, the environmentally sensitive manner of clearing, his clean record, early guilty plea, co-operation with authorities and willingness to submit to remediation orders, it was appropriate to refrain from entering a conviction under section 556A on conditions concerning remediation and costs.

Jurisdiction
Australia
Judgment Date
15 May 1998
Procedural Posture
Prosecution for Contravening S 21 C of the Soil Conservation Act 1938 / Judgment Following Guilty Plea
Outcome
The Court refrained from entering a conviction on conditions that remediation works be carried out and the prosecutor's just and reasonable costs be paid.
Legal Topics
['clearing Vegetation on Protected Lands' 'strict Liability Offence' 'remediation Orders' 'costs' 'no Conviction Under Section 556 a of the Crimes Act']
['environmental Law' 'criminal Law'] ['clearing Vegetation on Protected Lands' 'strict Liability Offence' 'remediation Orders' 'costs' 'no Conviction Under Section 556 a of the Crimes Act']

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Procedural Posture

Prosecution for Contravening S 21 C of the Soil Conservation Act 1938 / Judgment Following Guilty Plea

Legal Issues

  1. 1 ['Whether the defendant should receive the benefit of section 556A of the Crimes Act rather than have a conviction entered.' "Whether conditions should be imposed for remediation works and payment of the prosecutor's costs."]

Ratio Decidendi

Given the defendant's lack of knowledge of the land's protected status, his motive to improve the land and remove vermin, his enquiries about SEPP 46, the prior felling of much of the timber, the environmentally sensitive manner of clearing, his clean record, early guilty plea, co-operation with authorities and willingness to submit to remediation orders, it was appropriate to refrain from entering a conviction under section 556A on conditions concerning remediation and costs.

Court Disposition

The Court refrained from entering a conviction on conditions that remediation works be carried out and the prosecutor's just and reasonable costs be paid.

Orders

  • ['Orders 1, 3 and 4 of the consent orders in Exhibit D were made.' 'Order 2 was amended to allow 3 years from the date of agreement as to the quantum of costs or its assessment pursuant to s 52 of the Land & Environment Court Act and the regulations thereunder.']