Chief Executive of the Office of Environment and Heritage v Humphries [2013] NSWLEC 213

Chief Executive of the Office of Environment and Heritage v Humphries [2013] NSWLEC 213

The defendant intentionally and with knowledge of the need for authority cleared 89 hectares of native vegetation without development consent or a property vegetation plan, causing actual environmental harm of medium seriousness to vegetation of significant conservation status. The risk of harm was foreseeable, practical measures were available by not clearing unless and until approved, and the defendant controlled the causes of harm. Taking the medium objective gravity of the offence, sentencing purposes, consistency with comparable cases, and mitigating subjective factors including no prior convictions, good character, remorse, cooperation and a guilty plea at the earliest practicable...

Jurisdiction
Australia
Judgment Date
27 November 2013
Procedural Posture
Class 5 Environmental Offence Prosecution / Sentence Hearing Following Plea of Guilty
Outcome
The defendant was convicted, fined $67,500, and ordered to pay the prosecutor's agreed costs of $34,000.
Legal Topics
['clearing Native Vegetation Without Approval or Authority' 'sentencing for Environmental Offences' 'objective Seriousness' 'environmental Harm' 'plea of Guilty' 'costs Orders']
['environmental Law' 'criminal Sentencing'] ['clearing Native Vegetation Without Approval or Authority' 'sentencing for Environmental Offences' 'objective Seriousness' 'environmental Harm' 'plea of Guilty' 'costs Orders']

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Procedural Posture

Class 5 Environmental Offence Prosecution / Sentence Hearing Following Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for clearing native vegetation contrary to s 12 of the Native Vegetation Act 2003.' 'What objective seriousness attached to the offence, including the nature of the statutory scheme, maximum penalty, environmental harm, state of mind, reasons for offending, foreseeability of harm, practical measures to prevent harm, and control over the causes of harm.' 'What mitigating subjective factors should be taken into account, including absence of prior convictions, good character, plea of guilty, remorse, assistance to authorities, and agreement to pay costs.' 'Whether the defendant had financial means to pay the fine assessed as appropriate.']

Ratio Decidendi

The defendant intentionally and with knowledge of the need for authority cleared 89 hectares of native vegetation without development consent or a property vegetation plan, causing actual environmental harm of medium seriousness to vegetation of significant conservation status. The risk of harm was foreseeable, practical measures were available by not clearing unless and until approved, and the defendant controlled the causes of harm. Taking the medium objective gravity of the offence, sentencing purposes, consistency with comparable cases, and mitigating subjective factors including no prior convictions, good character, remorse, cooperation and a guilty plea at the earliest practicable...

Court Disposition

The defendant was convicted, fined $67,500, and ordered to pay the prosecutor's agreed costs of $34,000.

Orders

  • ['The defendant is convicted of the offence as charged.' 'The defendant is fined the sum of $67,500.' "The defendant is to pay the prosecutor's costs of the proceedings in the agreed sum of $34,000."]