Chief Executive, Office of Environment and Heritage v Kyluk Pty Limited (No 4) [2014] NSWLEC 74

Chief Executive, Office of Environment and Heritage v Kyluk Pty Limited (No 4) [2014] NSWLEC 74

Clearing of 5 ha of endangered ecological community constituted a serious environmental offence with substantial harm; remediation order for 15 years is warranted for the affected area; publication order not warranted due to sufficient prior publicity; penalty reduced for early guilty plea and demonstrated remorse.

Parties
Prosecutor: Chief Executive, Office of Environment and Heritage; Defendant: Kyluk Pty Limited
Jurisdiction
Australia
Judgment Date
18 June 2014
Procedural Posture
Criminal Prosecution / Sentencing After Guilty Plea on Rehearing After Appeal Remittal
Outcome
Defendant convicted of the offence; remediation order made; monetary penalty imposed as environmental project payment; legal costs order; publication order refused.
Legal Topics
Sentencing for Environmental Offences, Harming Endangered Ecological Communities, Strict Liability, Remediation Orders
Environmental Law Criminal Law Sentencing for Environmental Offences Harming Endangered Ecological Communities Strict Liability Remediation Orders

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Parties

Chief Executive, Office of Environment and Heritage

Prosecutor

Kyluk Pty Limited

Defendant

Procedural Posture

Criminal Prosecution / Sentencing After Guilty Plea on Rehearing After Appeal Remittal

Legal Issues

  1. 1 Appropriate sentence for picking plants in an endangered ecological community contrary to s 118A(2) of the National Parks and Wildlife Act 1974
  2. 2 Extent and seriousness of environmental harm
  3. 3 Whether remediation order is warranted

Ratio Decidendi

Clearing of 5 ha of endangered ecological community constituted a serious environmental offence with substantial harm; remediation order for 15 years is warranted for the affected area; publication order not warranted due to sufficient prior publicity; penalty reduced for early guilty plea and demonstrated remorse.

Court Disposition

Defendant convicted of the offence; remediation order made; monetary penalty imposed as environmental project payment; legal costs order; publication order refused.

Orders

  • Defendant convicted of offence pursuant to s 118A(2) of the National Parks and Wildlife Act 1974.
  • Defendant to pay $80,000 to Campbelltown City Council for 'Restoration Works at Noorumba Reserve, Gilead Project' pursuant to s 205(1)(d) National Parks and Wildlife Act 1974.