DIRECTOR-GENERAL DEPARTMENT OF LAND AND WATER CONSERVATION v RONALD LEWIS GREENTREE [1998] NSWLEC 30 (4 March 1998) [1998] NSWLEC 69

DIRECTOR-GENERAL DEPARTMENT OF LAND AND WATER CONSERVATION v RONALD LEWIS GREENTREE [1998] NSWLEC 30 (4 March 1998) [1998] NSWLEC 69

Although clearing native vegetation without consent was a serious offence under the planning and environmental regime, a penalty at the lower end of the scale was appropriate because the defendants cooperated, pleaded guilty after clarification of the charged area, had no evidence of prior offences, undertook significant reparation through a property agreement and wildlife refuge, and assumed financial consequences greater than the maximum fine identified by the Court.

Jurisdiction
Australia
Judgment Date
04 March 1998
Procedural Posture
Prosecution for Clearing Native Vegetation Without Development Consent Contrary to the Environmental Planning and Assessment Act 1979 / Penalty After Convictions and Plea of Guilty, Following Consent Orders
Outcome
Prime Grain Pty Ltd and Limthono Pty Ltd were convicted and each fined $7,000; the summons against Ronald Greentree was withdrawn; the defendants were ordered to pay the prosecutor's agreed costs of $52,000.
Legal Topics
['native Vegetation Clearing' 'development Consent' 'sepp 46' 'environmental Penalty' 'property Agreement' 'wildlife Refuge']
['environmental Law' 'planning Law' 'criminal Prosecution'] ['native Vegetation Clearing' 'development Consent' 'sepp 46' 'environmental Penalty' 'property Agreement' 'wildlife Refuge']

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Procedural Posture

Prosecution for Clearing Native Vegetation Without Development Consent Contrary to the Environmental Planning and Assessment Act 1979 / Penalty After Convictions and Plea of Guilty, Following Consent Orders

Legal Issues

  1. 1 ['What penalty should be imposed on the defendant companies for clearing native vegetation without development consent.' 'How the Court should balance the seriousness of the offence against cooperation, guilty plea, reparation works, environmental measures and financial consequences accepted by the defendants.']

Ratio Decidendi

Although clearing native vegetation without consent was a serious offence under the planning and environmental regime, a penalty at the lower end of the scale was appropriate because the defendants cooperated, pleaded guilty after clarification of the charged area, had no evidence of prior offences, undertook significant reparation through a property agreement and wildlife refuge, and assumed financial consequences greater than the maximum fine identified by the Court.

Court Disposition

Prime Grain Pty Ltd and Limthono Pty Ltd were convicted and each fined $7,000; the summons against Ronald Greentree was withdrawn; the defendants were ordered to pay the prosecutor's agreed costs of $52,000.

Orders

  • ['In Matter No 50036 of 1997 a penalty of $7,000 is imposed.' 'In Matter No 50037 of 1997 a penalty of $7,000 is imposed.' "The defendants pay the prosecutor's costs in the sum of $52,000 as agreed between the parties."]