Director-General, Department of Environment and Climate Change v Jack & Bill Issa Pty Ltd (No 5) [2009] NSWLEC 232

Director-General, Department of Environment and Climate Change v Jack & Bill Issa Pty Ltd (No 5) [2009] NSWLEC 232

Mr Mura's actions in instructing or permitting the clearing of native vegetation on land owned by the defendant were, in law, attributable to the company: he was the mind and will of the company as regards the land's management, acted within implied or apparent authority, and the clearing furthered the company's interests. Thus, the defendant as landholder is liable under s 12 Native Vegetation Act 2003 and failed to discharge its onus under s 44(b).

Jurisdiction
Australia
Judgment Date
31 December 2009
Procedural Posture
Criminal Prosecution for Environmental Offence / Judgment on Liability (conviction); Directions for Sentencing
Outcome
Defendant convicted as charged.
Legal Topics
['clearing of Native Vegetation' 'corporate Criminal Liability' 'attribution of Conduct to Corporations' 'strict Liability Offences' 'land Management']
['environmental Law' 'criminal Law'] ['clearing of Native Vegetation' 'corporate Criminal Liability' 'attribution of Conduct to Corporations' 'strict Liability Offences' 'land Management']

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Procedural Posture

Criminal Prosecution for Environmental Offence / Judgment on Liability (conviction); Directions for Sentencing

Legal Issues

  1. 1 ['Whether the conduct of the director in instructing vegetation clearing is attributable to the company for purposes of s 12 and s 44 Native Vegetation Act 2003' 'The nature and basis of statutory rules of attribution for corporate criminal liability under the Act']

Ratio Decidendi

Mr Mura's actions in instructing or permitting the clearing of native vegetation on land owned by the defendant were, in law, attributable to the company: he was the mind and will of the company as regards the land's management, acted within implied or apparent authority, and the clearing furthered the company's interests. Thus, the defendant as landholder is liable under s 12 Native Vegetation Act 2003 and failed to discharge its onus under s 44(b).

Court Disposition

Defendant convicted as charged.

Orders

  • ['Defendant convicted of the offence as charged in the summons.' "Directions made for sentencing hearing: Prosecutor to file and serve additional evidence by 29 January 2010; Defendant by 15 February 2010; parties to approach registry for sentencing hearing date after 21 February 2010; liberty to apply on three...