NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Director General, Department of the Environment and Climate Change v Olmwood (No 2) [2010] NSWLEC 100
PROSECUTOR PARTIES : Director General, Department of the Environment and Climate Change DEFENDANT Olmwood Pty Ltd
FILE NUMBER(S) : 50041 of 2008
CORAM: Pain J
KEY ISSUES: ENVIRONMENTAL OFFENCES :- sentence following contested hearing - clearing of native vegetation - moderate level of environmental harm - agreement after s 34 conference to remediate part of land cleared - defendant recklessly caused contractor to clear - clearing to assist in long term development of property - limited mitigating factors
Criminal Procedure Act 1986 s 257B, 257G Crimes (Sentencing Procedure) Act 1999 s 3A, 21A LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 126(1) Native Vegetation Act 2003 s 3, 12, 38 Native Vegetation Conservation Act 1997 (repealed) Threatened Species Conservation Act 1995
Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234 Camilleri's Stockfeeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Department of Environment and Climate Change v Olmwood Pty Ltd [2010] NSWLEC 15 Director–General, Department 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 Director-General of the Department of Environment and Climate Change v Hudson [2009] NSWLEC 4; (2009) 165 LGERA 256 CASES CITED: Director General of the Department of Environment and Climate Change v Rae [2009] NSWLEC 137; (2009) 168 LGERA 121 Director-General of the Department of Environment and Climate Change v Taylor [2007] NSWLEC 530 Director General of the Department of the Environment and Climate Change v Wilton [2008] NSWLEC 297 Environment Protection Authority v Barnes [2006] NSWCCA 246 R v Olbrich [1999] HCA 54; (1999) 199 CLR 270 R v Rushby [1977] 1 NSWLR 594 The Queen v De Simoni [1981] HCA 31; (1981) 147 CLR 383
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