DIRECTOR-GENERAL OF LAND AND WATER CONSERVATION v. D.J.L. ASHENDEN [1998] NSWLEC 283 (11 November 1998) [1998] NSWLEC 70

DIRECTOR-GENERAL OF LAND AND WATER CONSERVATION v. D.J.L. ASHENDEN [1998] NSWLEC 283 (11 November 1998) [1998] NSWLEC 70

The Court finds that the rehabilitation and restoration orders agreed upon between the parties provide satisfactory reparation for the clearing offence, and in view of the defendant's early guilty plea and personal circumstances, no further pecuniary penalty is warranted. Costs are awarded to the prosecutor.

Parties
Prosecutor: Director-General of Land and Water Conservation; Defendant: D.J.L. Ashenden
Jurisdiction
Australia
Judgment Date
11 November 1998
Procedural Posture
Criminal / Sentence
Outcome
orders made for rehabilitation/restoration of cleared land; costs order; no further pecuniary penalty
Legal Topics
Clearing Native Vegetation Without Consent, Rehabilitation Orders, Penalty Assessment
Environmental Law Criminal Law Clearing Native Vegetation Without Consent Rehabilitation Orders Penalty Assessment

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Parties

Director-General of Land and Water Conservation

Prosecutor

D.J.L. Ashenden

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 whether the defendant committed an offence by clearing land without consent
  2. 2 appropriate penalty for clearing native vegetation
  3. 3 whether rehabilitation/reparation is a suitable outcome

Ratio Decidendi

The Court finds that the rehabilitation and restoration orders agreed upon between the parties provide satisfactory reparation for the clearing offence, and in view of the defendant's early guilty plea and personal circumstances, no further pecuniary penalty is warranted. Costs are awarded to the prosecutor.

Court Disposition

orders made for rehabilitation/restoration of cleared land; costs order; no further pecuniary penalty

Orders

  • Defendant to undertake rehabilitation and restoration of cleared land as per agreed terms
  • Defendant to pay prosecutor's costs in the sum of $10,000