Chief Executive, of the Office of Environment and Heritage v Newbigging [2013] NSWLEC 144

Chief Executive, of the Office of Environment and Heritage v Newbigging [2013] NSWLEC 144

The defendant's unlawful clearing of approximately 60.6 ha of native vegetation, including mature Yellow Box woodland, Inland Grey Box woodland forming part of an endangered ecological community, scattered paddock trees and habitat, was of moderate objective gravity. The conduct was reckless, commercially connected to the defendant's chosen farming method, foreseeable, within his control, and caused substantial environmental harm, although erosion, salinity and water quality effects were minor. After weighing the guilty plea, prior environmental record, community standing, limited credit for the remedial direction, equivocal cooperation, limited remorse, financial material and the need...

Jurisdiction
Australia
Judgment Date
09 September 2013
Procedural Posture
Class 5 Environmental Prosecution for Unlawful Clearing of Native Vegetation Contrary to S 12 of the Native Vegetation Act 2003 / Sentence After Plea of Guilty
Outcome
Defendant convicted, fined and ordered to pay the prosecutor's costs and disbursements including investigation costs.
Legal Topics
['unlawful Clearing of Native Vegetation' 'native Vegetation Act 2003' 'environmental Harm' 'general and Specific Deterrence' 'recklessness' 'costs and Investigation Costs']
['environmental Law' 'criminal Sentencing'] ['unlawful Clearing of Native Vegetation' 'native Vegetation Act 2003' 'environmental Harm' 'general and Specific Deterrence' 'recklessness' 'costs and Investigation Costs']

Case Brief

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Procedural Posture

Class 5 Environmental Prosecution for Unlawful Clearing of Native Vegetation Contrary to S 12 of the Native Vegetation Act 2003 / Sentence After Plea of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the defendant's guilty plea to clearing native vegetation otherwise than in accordance with a development consent or property vegetation plan." "How the objective seriousness of the offence should be assessed, including environmental harm, the defendant's state of mind, foreseeability, practical measures available, and control over the causes of harm." 'What mitigating factors, including the guilty plea, prior environmental record, community standing, remedial direction, cooperation, remorse and financial capacity, should affect the fine and costs orders.']

Ratio Decidendi

The defendant's unlawful clearing of approximately 60.6 ha of native vegetation, including mature Yellow Box woodland, Inland Grey Box woodland forming part of an endangered ecological community, scattered paddock trees and habitat, was of moderate objective gravity. The conduct was reckless, commercially connected to the defendant's chosen farming method, foreseeable, within his control, and caused substantial environmental harm, although erosion, salinity and water quality effects were minor. After weighing the guilty plea, prior environmental record, community standing, limited credit for the remedial direction, equivocal cooperation, limited remorse, financial material and the need...

Court Disposition

Defendant convicted, fined and ordered to pay the prosecutor's costs and disbursements including investigation costs.

Orders

  • ['The defendant is convicted of the offence charged in the summons.' 'The defendant is ordered to pay a fine of $112,000.00.' 'The defendant is ordered to pay $45,000.00 in respect of the costs and disbursements of the prosecutor, including investigation costs.' 'The exhibits, other than Exhibit P1, are returned.']