Chief Executive of the Office of Environment and Heritage, Department of Premier and Cabinet v Turnbull

Land and Environment Court New South Wales Medium Neutral Citation: Chief Executive of the Office of Environment and Heritage, Department of Premier and Cabinet v Turnbull [2014] NSWLEC 150 Hearing dates:4, 5, 6 and 7 March 2014Decision date: 19 September 2014 Jurisdiction:Class 5Before: Sheahan J Decision: (1) The defendant is found guilty, and convicted, of the offence with which he was charged in the summons.(2) The defendant is fined the sum of $140,000.(3) The defendant is ordered to pay the reasonable investigation and legal costs and disbursements of the prosecutor, as agreed, or as assessed according to law.(4) The exhibits, MFI no. 2, and working copies of some exhibits, may be returned, other than Exhibits P1 and P2. Catchwords: ENVIRONMENTAL OFFENCES: unlawful clearing of native vegetation - plea of guilty - disputes over area of land unlawfully cleared and environmental harm caused - substantial harm caused - offence committed recklessly - limited mitigating factors - minimal utilitarian value of guilty plea. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Environmental Planning and Assessment Act 1979 Environmental Protection and Biodiversity Conservation Act 1999 Fisheries Management Act 1994 Native Vegetation Act 2003 Threatened Species Conservation Act 1995 Cases Cited: Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234 Chief Executive, Office of Environment and Heritage, Department of Premier and Cabinet v Powell [2012] NSWLEC 129 Chief Executive of the Office of Environment and Heritage v Bombala Investments Pty Ltd [2013] NSWLEC 185; (2013) 199 LGERA...