Director General, Department of Environment, Climate Change and Water v Linklater [2011] NSWLEC 30

Land and Environment Court New South Wales

Medium Neutral Citation: Director General, Department of Environment, Climate Change and Water v Linklater [2011] NSWLEC 30 Hearing dates: 23 February 2011 Decision date: 14 March 2011 Jurisdiction: Class 5 Before: Preston CJ Decision: The Court orders: 1. The defendant is convicted of the offence as charged. 2. The defendant is fined the sum of $82,500. 3. The defendant is to pay the prosecutor's costs of the proceedings in the agreed sum of $23,000. Catchwords: Environmental offences - sentence - clearing native vegetation - offence of low to moderate objective gravity - conduct offended against legislative objects - actual environmental harm of medium seriousness - conduct reckless - risk of environmental harm foreseeable and preventable - mitigating subjective circumstances - lack of prior convictions - early guilty plea - prior good character - remorse - assistance to authorities Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Environmental Planning and Assessment Act 1979 Native Vegetation Act 2003 Native Vegetation Conservation Act 1997 Cases Cited: Director-General, Dept of Environment and Climate Change v Calman Australia Pty Ltd [2009] NSWLEC 182 Director-General of the Department of Environment and Climate Change v Hudson [2009] NSWLEC 4; (2009) 165 LGERA 256 Director-General of the Department of Environment and Climate Change v Rae [2009] NSWLEC 137; (2009) 168 LGERA 121; 197 A Crim R 31 Director General, Department of the Environment, Climate Change and Water v Ian Colley Earthmoving Pty Ltd [2010] NSWLEC 102 Director-General, Department of Environment, Climate Change and Water v Vin Heffernan Pty Ltd [2010] NSWLEC 200 Markarian v The Queen (2005) 228 CLR 357 Category: Sentence Parties: Director General, Department of Environment, Climate Change and Water (Applicant) Mr Ian James Linklater (Defendant) Representation: Counsel: Mr M Higgins (barrister) (Applicant) Mr C Leggat SC with Ms M McMahon (barrister) (Defendant) Solicitors: Department of Environment, Climate Change and Water (Applicant) Buckworth Keady Lawyers Pty Ltd (Defendant) File Number(s): 50026 of 2010