Director-General of the Department of Environment, Climate Change and Water v Graymarshall Pty Ltd (No.2) [2011] NSWLEC 149

Land and Environment Court New South Wales

Medium Neutral Citation: Director-General of the Department of Environment, Climate Change and Water v Graymarshall Pty Ltd (No.2) [2011] NSWLEC 149 Hearing dates: 1 September 2011 Decision date: 01 September 2011 Jurisdiction: Class 5 Before: Sheahan J Decision: (1)The defendant corporation is convicted of the charge preferred in the summons. (2)The defendant is fined the sum of $200,000. (3)Under s 257B of the Criminal Procedure Act 1986, the Defendant is ordered to pay the Prosecutors costs as determined under s 257G of that Act. (4)All the exhibits may now be returned. Catchwords: ENVIRONMENTAL OFFENCES: unlawful clearing of native vegetation - sentence to be imposed - absence of defendant - extent of environmental harm - committed for commercial gain - no mitigating factors - costs. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Environmental Planning and Assessment Act 1979 Threatened Species Conservation Act 1995 Native Vegetation Act 2003 Cases Cited: Director-General of the Department of Environment, Climate Change and Water v Ian Colley Earthmoving Pty Ltd [2010] NSWLEC 102

Director-General of the Department of Environment, Climate Change and Water v Graymarshall Pty Ltd [2011] NSWLEC 125

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, Climate Change and Water v Walker Corporation Pty Limited (No 4) [2011] NSWLEC 119