Director-General of the Department of Environment, Climate Change and Water v Graymarshall Pty Ltd [2011] NSWLEC 125

Director-General of the Department of Environment, Climate Change and Water v Graymarshall Pty Ltd [2011] NSWLEC 125

The defendant, as registered owner, through its directors, undertook and/or supervised clearing of approximately 38ha of native vegetation on the subject land without obtaining required approvals under the Native Vegetation Act 2003. The clearing was not routine agricultural management activity, nor permitted or excluded by law. No relevant defence was established. The case was proved beyond reasonable doubt and the defendant is found guilty.

Parties
Prosecutor: Director-General of the Department of Environment, Climate Change and Water; Defendant: Graymarshall Pty Ltd
Jurisdiction
Australia
Judgment Date
26 July 2011
Procedural Posture
Prosecution (class 5) / Judgment on Guilt (verdict Delivered, Sentencing Pending)
Outcome
The defendant is found guilty of the charge in the summons.
Legal Topics
Clearing of Native Vegetation Without Approval, Elements of Environmental Offence, Absence of Defendant in Criminal Proceedings
Environmental Law Criminal Law Clearing of Native Vegetation Without Approval Elements of Environmental Offence Absence of Defendant in Criminal Proceedings

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Parties

Director-General of the Department of Environment, Climate Change and Water

Prosecutor

Graymarshall Pty Ltd

Defendant

Procedural Posture

Prosecution (class 5) / Judgment on Guilt (verdict Delivered, Sentencing Pending)

Legal Issues

  1. 1 Whether the defendant cleared native vegetation without required approval under s 12 of the Native Vegetation Act 2003
  2. 2 Whether any defence or permitted activity exceptions applied
  3. 3 Whether the clearing was routine agricultural management activity

Ratio Decidendi

The defendant, as registered owner, through its directors, undertook and/or supervised clearing of approximately 38ha of native vegetation on the subject land without obtaining required approvals under the Native Vegetation Act 2003. The clearing was not routine agricultural management activity, nor permitted or excluded by law. No relevant defence was established. The case was proved beyond reasonable doubt and the defendant is found guilty.

Court Disposition

The defendant is found guilty of the charge in the summons.

Orders

  • Matter stood over to date to be fixed for sentencing, costs, and remediation submissions.
  • Prosecutor to serve copy of reasons, notice of next hearing date, and directions on defendant within seven days.