Secretary, Department of Planning and Environment v Boggabri Coal Pty Limited

Land and Environment Court New South Wales Medium Neutral Citation: Secretary, Department of Planning and Environment v Boggabri Coal Pty Limited [2014] NSWLEC 154 Hearing dates:25 August 2014Decision date: 25 August 2014 Jurisdiction:Class 5Before: Preston CJ Decision: Orders as set out at [64] Catchwords: ENVIRONMENTAL OFFENCES - carrying out of development otherwise than in accordance with development consent - stockpiling of interburden material on land outside approved project boundary - sentence - objective seriousness - offender's conduct offended against statutory scheme and objects of statute - no evidence as to environmental harm - no evidence as to why or how offence came to be committed - unable to find that offence committed negligently or with any other heightened state of mind - unable to make finding as to reasons for committing offence - offence of low objective seriousness - subjective circumstances of offender - early plea of guilty - no prior record - contrition and remorse - good character - cooperation with prosecutor - appropriate sentence - need for general deterrence - fine of $82,500 imposed - defendant to pay prosecutor's costs in agreed sum of $38,000 - prosecutor sought moiety of one half of the fine payable by the defendant - defendant did not oppose - payment would compensate prosecutor for costs and expenses of investigation - moiety in fine directed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 ss 3A, 21A(2) and (3) Criminal Procedure Act 1986 s 257B Environmental Planning and Assessment Act 1979 ss 76A, 101, 125,...