NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Director-General, Department of Environment and Climate Change v Walker Corporation Pty Limited (No 4) [2011] NSWLEC 119 Hearing dates: 21 October 2010 Decision date: 11 July 2011 Jurisdiction: Class 5 Before: Pepper J Decision: The Court makes the following orders: (1) Walker is fined the sum of $200,000; (2) under s 257B of the Criminal Procedure Act 1986 Walker is to pay the prosecutor's costs of the proceedings as determined under s 257G of that Act; and (3) the exhibits are to be returned. Catchwords: ENVIRONMENTAL OFFENCES: sentence - unlawful clearing of native vegetation - consideration of objective and subjective factors - extent of environmental harm -whether earlier disturbance to the land is a factor mitigating the penalty to be imposed - whether offence committed intentionally or recklessly - whether commission of offence commercially motivated Legislation Cited: Crimes (Sentencing Procedure) Act 1999 ss 3A, 21A
Criminal Procedure Act 1986 ss 257B, 257G
Fines Act 1996 s 6
Native Vegetation Act 2003 ss 3, 6, 9, 12, Div 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
Bourke v R [2010] NSWCCA 22; (2010) 199 A Crim R 38
Cabonne Shire Council v Environment Protection Authority [2001] NSWCCA 280; (2001) 115 LGERA 304
Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683
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