Director-General, Dept of Environment and Climate Change v Calman Australia Pty Ltd; Iroch Pty Ltd; GD & JA Williams Pty Ltd t-as Jerilderie Earthmoving [2009] NSWLEC 182

Land and Environment Court of New South Wales

CITATION : Director-General, Dept of Environment and Climate Change v Calman Australia Pty Ltd; Iroch Pty Ltd; GD & JA Williams Pty Ltd t-as Jerilderie Earthmoving [2009] NSWLEC 182

PROSECUTOR Director-General, Department of Environment and Climate Change PARTIES : DEFENDANT Calman Australia Pty Ltd (50015 of 2009) Iroch Pty Ltd (50016 of 2009) GD & JA Williams Pty Ltd t/as Jerilderie Earthmoving (50019 of 2009)

FILE NUMBER(S) : 50015 of 2009; 50016 of 2009; 50019 of 2009

CORAM: Pain J

KEY ISSUES: ENVIRONMENTAL OFFENCES :- sentence - clearing native vegetation by landowners and contractor - offences committed without knowledge of illegality - not committed deliberately, recklessly or negligently - clearing undertaken for commercial gain - environmental harm foreseeable and preventable - mitigating factors - lack of prior criminality - prior good character - plea of guilty - delay in plea reduced its utilitarian value - remorse - offer to carry out remedial work under statutory direction - assistance to authorities - parity in sentencing three defendants

Crimes (Sentencing Procedure) Act 1999 s 3A, 17, 21A Environmental Planning and Assessment Act 1979 s 126 Environment Protection And Biodiversity Conservation Act 1999 (Cth) LEGISLATION CITED: Native Vegetation Act 2003 s 3, 12, Native Vegetation and Conservation Act 1997 s 17, 21 (repealed) National Parks and Wildlife Act 1974 Protection of the Environment Operations Act 1997 Threatened Species Conservation Act 1995