Secretary, Department of Planning, Industry and Environment v Ronald Lewis Greentree and Auen Grain Pty Ltd [2024] NSWLEC 131

Secretary, Department of Planning, Industry and Environment v Ronald Lewis Greentree and Auen Grain Pty Ltd [2024] NSWLEC 131

The defendants, having been found guilty of eight offences involving the intentional, broadscale clearing of native vegetation without the required statutory approvals, for financial gain, and causing or likely to cause substantial environmental harm, are to be sentenced to significant monetary penalties reflecting mid to high objective seriousness, aggravating factors, and general and specific deterrence; penalties are moderated for totality and overlap between company and director, with joint liability for professional costs and moiety orders for fines.

Parties
Prosecutor: Secretary, Department of Planning, Industry and Environment; Defendant: Ronald Lewis Greentree; Defendant: Auen Grain Pty Ltd
Jurisdiction
Australia
Judgment Date
29 November 2024
Procedural Posture
Sentence / Post Conviction, Sentencing
Outcome
Defendants convicted and sentenced to monetary penalties; professional costs ordered; moiety of fines granted to NSW Department of Climate Change, Energy and Water.
Legal Topics
Sentencing, Environmental Offences, Native Vegetation Clearing, Financial Gain, Objective Seriousness, General Deterrence, Specific Deterrence
Environmental Law Criminal Law Sentencing Environmental Offences Native Vegetation Clearing Financial Gain Objective Seriousness General Deterrence +1 more

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Parties

Secretary, Department of Planning, Industry and Environment

Prosecutor

Ronald Lewis Greentree

Defendant

Auen Grain Pty Ltd

Defendant

Procedural Posture

Sentence / Post Conviction, Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for offences of unlawful clearing of native vegetation under s 12 of the Native Vegetation Act 2003 (NSW) and s 60N of the Local Land Services Act 2013 (NSW)?
  2. 2 Did the defendants act intentionally and for financial gain?
  3. 3 Did the offending cause or was likely to cause significant harm to the environment?

Ratio Decidendi

The defendants, having been found guilty of eight offences involving the intentional, broadscale clearing of native vegetation without the required statutory approvals, for financial gain, and causing or likely to cause substantial environmental harm, are to be sentenced to significant monetary penalties reflecting mid to high objective seriousness, aggravating factors, and general and specific deterrence; penalties are moderated for totality and overlap between company and director, with joint liability for professional costs and moiety orders for fines.

Court Disposition

Defendants convicted and sentenced to monetary penalties; professional costs ordered; moiety of fines granted to NSW Department of Climate Change, Energy and Water.

Orders

  • Ronald Lewis Greentree convicted of eight offences contrary to s 12 Native Vegetation Act 2003 (NSW) and s 60N Local Land Services Act 2013 (NSW), pay monetary penalties totalling $1,015,200;
  • Auen Grain Pty Ltd convicted of eight offences contrary to s 12 Native Vegetation Act 2003 (NSW) and s 60N Local Land Services Act 2013 (NSW), pay monetary penalties totalling $1,072,800;