Director-General of the Department of Environment, Climate Change and Water v Graymarshall Pty Ltd (No.2) [2011] NSWLEC 149

Director-General of the Department of Environment, Climate Change and Water v Graymarshall Pty Ltd (No.2) [2011] NSWLEC 149

The defendant corporation deliberately cleared 38ha of native vegetation without approval in circumstances causing very harmful environmental impacts, including loss of mature forest habitat and endangered ecological community, and the clearing was undertaken for commercial gain. With no plea of guilty, no evidence of contrition, remorse or remediation, and no mitigating factors established, the offence was of high objective gravity and warranted conviction, a substantial fine of $200,000, and an order for the prosecutor's costs.

Jurisdiction
Australia
Judgment Date
01 September 2011
Procedural Posture
Class 5 Prosecution for Clearing Native Vegetation Without Approval / Sentencing After Finding of Guilt in the Defendant's Absence
Outcome
Defendant corporation convicted, fined $200,000, and ordered to pay the prosecutor's costs.
Legal Topics
['unlawful Clearing of Native Vegetation' 'strict Liability Environmental Offence' 'environmental Harm' 'commercial Gain' 'sentencing of Corporation' 'costs']
['environmental Law' 'criminal Sentencing'] ['unlawful Clearing of Native Vegetation' 'strict Liability Environmental Offence' 'environmental Harm' 'commercial Gain' 'sentencing of Corporation' 'costs']

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Procedural Posture

Class 5 Prosecution for Clearing Native Vegetation Without Approval / Sentencing After Finding of Guilt in the Defendant's Absence

Legal Issues

  1. 1 ['What sentence should be imposed on the defendant corporation for clearing native vegetation without approval contrary to s 12 of the Native Vegetation Act 2003.' 'What weight should be given to the extent of environmental harm caused by clearing 38ha of native vegetation.' 'Whether the clearing was undertaken for commercial gain and whether that aggravated the offending.' 'Whether any mitigating factors were established in the absence of a plea of guilty, evidence of remorse, or evidence of remediation.']

Ratio Decidendi

The defendant corporation deliberately cleared 38ha of native vegetation without approval in circumstances causing very harmful environmental impacts, including loss of mature forest habitat and endangered ecological community, and the clearing was undertaken for commercial gain. With no plea of guilty, no evidence of contrition, remorse or remediation, and no mitigating factors established, the offence was of high objective gravity and warranted conviction, a substantial fine of $200,000, and an order for the prosecutor's costs.

Court Disposition

Defendant corporation convicted, fined $200,000, and ordered to pay the prosecutor's costs.

Orders

  • ['The defendant corporation is convicted of the charge preferred in the summons.' 'The defendant is fined the sum of $200,000.' "Under s 257B of the Criminal Procedure Act 1986, the Defendant is ordered to pay the Prosecutor's costs as determined under s 257G of that Act." 'All the exhibits may now be returned.']