Bentley v BGP Properties Pty Limited [2006] NSWLEC 34

Reported Decision : (2006) 145 LGERA 234

Land and Environment Court of New South Wales

CITATION : Bentley v BGP Properties Pty Limited [2006] NSWLEC 34 This decision has been amended. Please see the end of the judgment for a list of the amendments.

PROSECUTOR Jason Robert Bentley PARTIES : DEFENDANT BGP Properties Pty Limited

FILE NUMBER(S) : 50074 of 2003

CORAM: Preston CJ

Prosecution :- picking a threatened species of plant - plea of guilty - purposes of sentencing for environmental offences - objective circumstances - objective seriousness of offence - seriousness of environmental harm - defendant's state of mind - foreseeability of risk of harm - practical measures to prevent forseeable risk of harm - reasons for committing the offence - mitigating circumstances.

Prosecution:- time and place of hearing set by order - order served on accused person - absence of accused person at hearing - power of Court to proceed to hear and determine matter in absence of accused person. KEY ISSUES: Threatened species:- native species of plant - picking of - offence - statutory scheme in which offence provision occurs - statutory scheme necessary to achieve compliance with ecologically sustainable development.

Ecologically sustainable development:- principles of - statutory scheme prohibiting the picking of threatened species except with prior approval - statutory scheme implements principles of ecologically sustainable development - picking of threatened species - conservation of threatened species essential to conservation of biological diversity and ecological integrity.