Grant Barnes, Chief Regulatory Officer, Natural Resources Access Regulator v Salvestro [2023] NSWLEC 34

Grant Barnes, Chief Regulatory Officer, Natural Resources Access Regulator v Salvestro [2023] NSWLEC 34

Salvestro was sentenced for five offences concerning unlawful extraction of groundwater in contravention of conditions and allocations attached to work approvals and water access licences. The Court found that for charges 1 to 3 (the 'red bores') his conduct was reckless, and for charge 5 (unequal pumping on the 'green bore') intentional in part and reckless in part, while charge 4 was inadvertent. Although actual environmental harm was not established, there was real risk of potential harm and significant volumes were involved. The objective seriousness for charges 1-3 and 5 was held to be in the mid-range, charge 4 lower; no financial gain was identified, and mitigating factors included...

Parties
Prosecutor: Grant Barnes, Chief Regulatory Officer, Natural Resources Access Regulator; Defendant: Dean Troy Salvestro
Jurisdiction
Australia
Judgment Date
30 March 2023
Procedural Posture
Criminal (sentencing) / Sentence
Outcome
Conviction. Fined. Publication order. Costs order.
Legal Topics
Water Management Offences, Sentencing Principles, Unlawful Extraction of Water, Environmental Harm, Penalty Assessment, Objective and Subjective Factors, Publication Orders
Environmental Law Water Law Criminal Law Water Management Offences Sentencing Principles Unlawful Extraction of Water Environmental Harm Penalty Assessment +2 more

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Parties

Grant Barnes, Chief Regulatory Officer, Natural Resources Access Regulator

Prosecutor

Dean Troy Salvestro

Defendant

Procedural Posture

Criminal (sentencing) / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for five pleaded offences of unlawful water extraction under the Water Management Act 2000?
  2. 2 Whether the offences were committed intentionally, recklessly or inadvertently?
  3. 3 What are the applicable sentencing principles for environmental offences under the WMA?

Ratio Decidendi

Salvestro was sentenced for five offences concerning unlawful extraction of groundwater in contravention of conditions and allocations attached to work approvals and water access licences. The Court found that for charges 1 to 3 (the 'red bores') his conduct was reckless, and for charge 5 (unequal pumping on the 'green bore') intentional in part and reckless in part, while charge 4 was inadvertent. Although actual environmental harm was not established, there was real risk of potential harm and significant volumes were involved. The objective seriousness for charges 1-3 and 5 was held to be in the mid-range, charge 4 lower; no financial gain was identified, and mitigating factors included...

Court Disposition

Conviction. Fined. Publication order. Costs order.

Orders

  • Salvestro is convicted on five counts: four under s 91G(2) and one under s 60C(2) of the Water Management Act 2000.
  • Fined: $37,500 (charge 1), $30,000 (charge 2), $25,000 (charge 3), $7,500 (charge 4), $56,250 (charge 5), total $156,250.