Director-General, Department of Environment, Climate Change and Water v Forestry Commission of New South Wales [2011] NSWLEC 102

Land and Environment Court New South Wales

Medium Neutral Citation: Director-General, Department of Environment, Climate Change and Water v Forestry Commission of New South Wales [2011] NSWLEC 102 Hearing dates: 8 June 2011 Decision date: 08 June 2011 Jurisdiction: Class 5 Before: Pepper J Decision: The orders of the Court are as follows: (1) the Forestry Commission is convicted of the offence against s 175(1)(a) of the NPWA as charged; (2) the Forestry Commission is to pay the amount of $5,600 to the Office of Environment and Heritage, Department of Premier and Cabinet for the purposes of the following project, namely, to engaging a consultant or other contractor to undertake the following work at the Smoky Mouse monitoring sites in the South East Forests National Park, as set out in the Smoky Mouse Species Management Plan in the Eden Region IFOA (Forests NSW/SECC, 2008): 1. to deploy two to three remote cameras at 15 monitoring sites in September 2011, for a three year period (eight days per annum); 2. to download, assess and collate the camera data for each of the three years (two weeks per annum; 3. to undertake vegetation plot monitoring on three of those sites per year, for three years ( two days per annum); and 4. to provide data entry and analysis of the vegetation plot data (two to three weeks per annum); and 5. the Forestry Commission is to pay DECCW's legal costs agreed in the sum of $19,000. Catchwords: ENVIRONMENTAL OFFENCES sentence - contravening a condition of a threatened species licence - consideration of objective and subjective factors - likely environmental harm caused by the offence - effect of prior convictions - relationship between guilty plea and expression of remorse Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A, 22, 23 Forestry Act 1916, s 7 Forestry and National Park Estate Act 1998, ss 33, 34, 35 National Parks and Wildlife Act 1974, ss 2A, 133(4), 175, 194, 205(1)(d) Protection of the Environment Administration Act 1991, s 6(2) Threatened Species Conservation Act 1995, ss 3, 10(3) 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 Cameron v R [2002] HCA 6; 209 CLR 339 Camilleri's Stock Feeds Pty Limited v Environment Protection Authority (1993) 32 NSWLR 683 Cessnock City Council v Quintaz Pty Ltd; Cessnock City Council v McCudden [2010] NSWLEC 3; 172 LGERA 52 Director-General, Department of Environment and Climate Change v Rae [2009] NSWLEC 137; (2009) 168 LGERA 121 Director-General, National Parks and Wildlife Service v Wilkinson [2002] NSLWEC 171 Director-General, Department of Environment, Climate Change and Water v Vin Heffernan Pty Ltd [2010] NSWLEC 200 Environment Protection Authority v Baiada Poultry Pty Ltd [2008] NSWLEC 280; (2008) 163 LGERA 71 Environment Protection Authority v Hanna [2010] NSWLEC 98 Environment Protection Authority v Huntsman Corp Australia Pty Ltd [2011] NSWLEC 39 Environment Protection Authority v New South Wales (Department of Environment, Climate Change and Water) [2010] NSWLEC 67; (2010) 174 LGERA 19 Environment Protection Authority v Waste Recycling and Processing Corp [2006] NSWLEC 419; (2006) 148 LGERA 299 Georgopolous v R [2010] NSWCCA 246 Gittany Constructions Pty Ltd v Sutherland Shire Council [2006] NSWLEC 242; (2006) 145 LGERA 189 Markarian v R [2005] HCA 25; (2005) 228 CLR 357 Mickelberg v R (1984) 13 A Crim R 365 Minister for Planning v Hunter Quarries Pty Ltd [2010] NSWLEC 246 Morris v Department of Environment and Climate Change [2008] NSWLEC 309 Plath v Hunter Valley Property Management Pty Limited [2010] NSWLEC 264 Plath v Rawson [2009] NSWLEC 178; (2009) 170 LGERA 253 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Signato v R [1998] HCA 74; (1998) 194 CLR 656 Veen v R (No 1) (1979) 143 CLR 458 Category: Principal judgment Parties: Director General, Department of Environment, Climate Change and Water (Prosector)