Director-General of the Department of Land and Water Conservation v Leverton Pastoral Company Pty Limited [2002] NSWLEC 212

Director-General of the Department of Land and Water Conservation v Leverton Pastoral Company Pty Limited [2002] NSWLEC 212

The defendant cleared native vegetation on lots 1, 7 and 9 without first obtaining development consent or otherwise acting in accordance with a native vegetation code of practice, so the offence was proved beyond reasonable doubt. A conviction and modest fine were appropriate because, although the offence required general deterrence and involved adverse environmental impact, the defendant pleaded guilty early, had no prior offences, cooperated, believed it was entitled to clear, accepted substantial remedial restrictions, suffered economic consequences, and agreed to pay the prosecutor's costs.

Jurisdiction
Australia
Judgment Date
18 September 2002
Procedural Posture
Prosecution for Contravention of the Native Vegetation Conservation Act 1997 / Sentence Following Plea of Guilty
Outcome
Offence proved; defendant convicted; monetary penalty of $5,000 imposed; agreement to pay prosecutor's costs of $31,000 noted.
Legal Topics
['clearing Native Vegetation Without Development Consent' 'mitigation' 'remedial Direction' 'early Guilty Plea' 'environmental Impact']
['environmental Law' 'criminal Law' 'sentencing'] ['clearing Native Vegetation Without Development Consent' 'mitigation' 'remedial Direction' 'early Guilty Plea' 'environmental Impact']

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Procedural Posture

Prosecution for Contravention of the Native Vegetation Conservation Act 1997 / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['Whether the defendant cleared native vegetation on lots 1, 7 and 9 without development consent or in accordance with a native vegetation code of practice contrary to s 21(2) of the Native Vegetation Conservation Act 1997.' 'What penalty was appropriate having regard to the guilty plea, lack of prior convictions, cooperation, asserted belief in exemptions, environmental impact, economic consequences, costs agreement and remedial work direction.']

Ratio Decidendi

The defendant cleared native vegetation on lots 1, 7 and 9 without first obtaining development consent or otherwise acting in accordance with a native vegetation code of practice, so the offence was proved beyond reasonable doubt. A conviction and modest fine were appropriate because, although the offence required general deterrence and involved adverse environmental impact, the defendant pleaded guilty early, had no prior offences, cooperated, believed it was entitled to clear, accepted substantial remedial restrictions, suffered economic consequences, and agreed to pay the prosecutor's costs.

Court Disposition

Offence proved; defendant convicted; monetary penalty of $5,000 imposed; agreement to pay prosecutor's costs of $31,000 noted.

Orders

  • ['The offence is proved.' 'The defendant is convicted of the offence as charged in the summons.' 'The defendant is ordered to pay a monetary penalty in the sum of $5,000.' 'The exhibits, except exhibit A, may be returned.' "The agreement by the defendant to pay the prosecutor's costs in the sum of $31,000 is noted."]