Harrison v Perdikaris

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Harrison v Perdikaris [2015] NSWLEC 99 Hearing dates:26 May 2015Date of orders: 27 May 2015 Decision date: 27 May 2015 Jurisdiction:Class 5Before: Preston CJ Decision: Orders as at [115] Catchwords: OFFENCES AND PENALTIES – sentence – carrying out controlled activities in, on or under waterfront land without controlled activity approvals – offender counselled or procured contractors to increase capacity of two dams – objective seriousness of offences – no evidence that offences had impact on other persons’ rights under the Water Management Act – environmental harm was of moderate seriousness – practical measures to avoid environmental harm not taken – foreseeability of risk of environmental harm – control over causes giving rise to the offences – offences committed intentionally and with knowledge of illegality – offences not committed for financial gain – moderate overall objective seriousness – subjective circumstances of offender – record of prior convictions not aggravating factor – delayed pleas of guilty – offender’s genuine remorse for the offences – offender unlikely to reoffend – offender provided assistance to authorities – appropriate penalty is fine – offender ordered to pay prosecutor’s costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 ss 3A, 21A, 22, 23 Criminal Procedure Act 1986 ss 257B, 257G Fines Act 1996 s 122 Protection of the Environment Administration Act 1991 s 6(2) Rivers and Foreshores Improvement Act 1948 Water Act 1912 Water Management Act 2000 ss 3, 52, 53, 55, 91E(1), 91(2), 92,...