Secretary, Department of Planning and Environment v Charbon Coal Pty Ltd

Land and Environment Court New South Wales Case Name:  Secretary, Department of Planning and Environment v Charbon Coal Pty Ltd Medium Neutral Citation:  [2016] NSWLEC 106 Hearing Date(s):  9 August 2016 Date of Orders: 18 August 2016 Decision Date:  18 August 2016 Jurisdiction:  Class 5 Before:  Pain J Decision:  (1) The Defendant is convicted of the offence as charged. (2) The Defendant is fined in the sum of $175,000. (3) Pursuant to the Criminal Procedure Act 1986 (NSW) s 257B, the Defendant is to pay the Prosecutor’s costs of the proceedings in the sum of $55,000. (4) Pursuant to the Fines Act 1992 (NSW) s 122(2), one half of the fine imposed by order 2 is to be paid to the Prosecutor. (5) The exhibits are to be returned. Catchwords:  SENTENCE – plea of guilty to breach of Environmental Planning and Assessment Act 1979 – failure to comply with conditions of consent – disturbance of identified Aboriginal cultural heritage site by change in mine haul road location – state of mind of defendant Legislation Cited:  Environmental Planning and Assessment Act 1979, ss 5, 25, 75D, 76A(1), 125(1), Sch 6A Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A, 22 Criminal Procedure Act 1986, s 257B Fines Act 1996, ss 4, 7, 122 Mining Act 1992 Threatened Species Conservation Act 1995 Cases Cited:  Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357 Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234 Blue Mountains City Council v...