Chief Executive of the Office of Environment and Heritage v Cory Ian Turnbull [2017] NSWLEC 140

Chief Executive of the Office of Environment and Heritage v Cory Ian Turnbull [2017] NSWLEC 140

Mr Turnbull deliberately, and with knowledge of illegality, cleared 316 hectares of native vegetation of high conservation value without statutory authority. The clearing caused substantial and irremediable environmental harm in an over-cleared landscape, including loss of threatened species' habitat and hollow-bearing trees. The conduct was premeditated and done for financial gain. The defence failed to establish the vegetation was only regrowth or clearing permitted for agricultural management. These factors make the offence of medium objective seriousness. A guilty plea was entered late and with a full contest of sentencing facts, so only a 12.5% discount applied. Mr Turnbull was fined...

Parties
Prosecutor: Chief Executive of the Office of Environment and Heritage; Defendant: Cory Ian Turnbull
Jurisdiction
Australia
Judgment Date
24 October 2017
Procedural Posture
Criminal Sentencing (environmental Offence) / Sentence
Outcome
Conviction and Sentencing
Legal Topics
Native Vegetation Clearing, Objective Seriousness of Offence, Sentencing Principles, Environmental Harm, Financial Gain From Offence, Guilty Plea, Costs Orders
Environmental Law Criminal Law Sentencing Native Vegetation Clearing Objective Seriousness of Offence Sentencing Principles Environmental Harm Financial Gain From Offence +2 more

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Parties

Chief Executive of the Office of Environment and Heritage

Prosecutor

Cory Ian Turnbull

Defendant

Procedural Posture

Criminal Sentencing (environmental Offence) / Sentence

Legal Issues

  1. 1 Whether Mr Turnbull cleared native vegetation contrary to s 12(1) of the Native Vegetation Act 2003
  2. 2 Whether the vegetation cleared was only regrowth and hence permitted
  3. 3 Assessment of environmental harm caused by clearing

Ratio Decidendi

Mr Turnbull deliberately, and with knowledge of illegality, cleared 316 hectares of native vegetation of high conservation value without statutory authority. The clearing caused substantial and irremediable environmental harm in an over-cleared landscape, including loss of threatened species' habitat and hollow-bearing trees. The conduct was premeditated and done for financial gain. The defence failed to establish the vegetation was only regrowth or clearing permitted for agricultural management. These factors make the offence of medium objective seriousness. A guilty plea was entered late and with a full contest of sentencing facts, so only a 12.5% discount applied. Mr Turnbull was fined...

Court Disposition

Conviction and Sentencing

Orders

  • Mr Cory Ian Turnbull is convicted of the offence as charged.
  • Mr Turnbull is fined $393,750.