WaterNSW v Peter James Harris and Jane Maree Harris [2023] NSWLEC 33

WaterNSW v Peter James Harris and Jane Maree Harris [2023] NSWLEC 33

The appropriate penalty for each defendant is a fine of $40,000 for Peter Harris and $20,000 for Jane Harris for contravening s 91G(2) of the Water Management Act 2000 (NSW). The offences were in the low range of objective seriousness, there was no proved financial gain or actual environmental harm, and subjective factors including good character and lack of prior convictions were given some weight. A publication order and payment of costs were also appropriate. Section 10 non-conviction was not appropriate for Jane Harris given the objective gravity of the offence and her responsibility as an approval holder.

Jurisdiction
Australia
Judgment Date
28 March 2023
Procedural Posture
Sentencing for Environmental Offence (class 5) / Sentence After Conviction Following Contested Hearing and Unsuccessful Appeals
Outcome
Conviction recorded, fines imposed, publication and costs orders made
Legal Topics
['water Management Act Offences' 'contravention of Approval Conditions' 'sentencing Principles Environmental Offences']
['environmental Law' 'criminal Law'] ['water Management Act Offences' 'contravention of Approval Conditions' 'sentencing Principles Environmental Offences']

Case Brief

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Procedural Posture

Sentencing for Environmental Offence (class 5) / Sentence After Conviction Following Contested Hearing and Unsuccessful Appeals

Legal Issues

  1. 1 ['Appropriate sentence for taking water in contravention of a term/condition of approval under s 91G(2) Water Management Act 2000 (NSW)' 'Whether the offence was for financial gain' 'Whether remorse or assistance to law enforcement are mitigating factors' 'Appropriateness of non-conviction order for Jane Harris under s 10 Crimes (Sentencing Procedure) Act 1999 (NSW)']

Ratio Decidendi

The appropriate penalty for each defendant is a fine of $40,000 for Peter Harris and $20,000 for Jane Harris for contravening s 91G(2) of the Water Management Act 2000 (NSW). The offences were in the low range of objective seriousness, there was no proved financial gain or actual environmental harm, and subjective factors including good character and lack of prior convictions were given some weight. A publication order and payment of costs were also appropriate. Section 10 non-conviction was not appropriate for Jane Harris given the objective gravity of the offence and her responsibility as an approval holder.

Court Disposition

Conviction recorded, fines imposed, publication and costs orders made

Orders

  • ['Peter James Harris convicted of offence against s 91G(2) Water Management Act 2000 (NSW) and fined $40,000.' 'Jane Maree Harris convicted of offence against s 91G(2) Water Management Act 2000 (NSW) and fined $20,000.' 'Pursuant to s 353G(1)(a) Water Management Act 2000 (NSW), both defendants to publish, at their...