Chief Executive, Office of Environment and Heritage v Clarence Valley Council [2018] NSWLEC 205

Chief Executive, Office of Environment and Heritage v Clarence Valley Council [2018] NSWLEC 205

The appropriate sentence for Clarence Valley Council’s offence of knowingly harming an Aboriginal object is a $300,000 monetary penalty to be paid to the local Aboriginal Land Council for specific reparative projects, accompanied by publication and notification orders and mandatory employee training, informed by the seriousness of the cultural harm, the foreseeability and preventability of the offence, the Council’s remorseful response and cooperation, and the need for general deterrence and recognition of harm, with the restorative justice conference as a relevant mitigating consideration.

Parties
Prosecutor: Chief Executive, Office of Environment and Heritage; Defendant: Clarence Valley Council
Jurisdiction
Australia
Judgment Date
21 December 2018
Procedural Posture
Sentence / Sentencing After Guilty Plea
Outcome
Conviction (guilty plea) and penalty orders imposed
Legal Topics
Aboriginal Heritage, Sentencing, Restorative Justice, Environmental Offences, Monetary Penalty, Publication Orders
Environmental Law Criminal Law Cultural Heritage Law Aboriginal Heritage Sentencing Restorative Justice Environmental Offences Monetary Penalty +1 more

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Parties

Chief Executive, Office of Environment and Heritage

Prosecutor

Clarence Valley Council

Defendant

Procedural Posture

Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for the offence of knowingly harming an Aboriginal object under s 86(1) of the National Parks and Wildlife Act 1974
  2. 2 Use of restorative justice in sentencing for environmental/cultural heritage offences
  3. 3 Objective seriousness and subjective mitigation in determining penalty

Ratio Decidendi

The appropriate sentence for Clarence Valley Council’s offence of knowingly harming an Aboriginal object is a $300,000 monetary penalty to be paid to the local Aboriginal Land Council for specific reparative projects, accompanied by publication and notification orders and mandatory employee training, informed by the seriousness of the cultural harm, the foreseeability and preventability of the offence, the Council’s remorseful response and cooperation, and the need for general deterrence and recognition of harm, with the restorative justice conference as a relevant mitigating consideration.

Court Disposition

Conviction (guilty plea) and penalty orders imposed

Orders

  • Conviction for offence against s 86(1) National Parks and Wildlife Act 1974
  • Payment of $300,000 to Grafton Ngerrie Local Aboriginal Land Council for specific projects relating to Aboriginal heritage and culture