Plath v Vaccount Pty Ltd t/as Tableland Timbers [2011] NSWLEC 202

Land and Environment Court New South Wales

Medium Neutral Citation: Plath v Vaccount Pty Ltd t/as Tableland Timbers [2011] NSWLEC 202 Hearing dates: 11 November 2011 and 14 November 2011 Decision date: 14 November 2011 Jurisdiction: Class 5 Before: Pepper J Decision: The Court makes the following orders: (1) Vaccount Pty Ltd t/as Tableland Timbers is convicted of the offence as charged; (2) Vaccount Pty Ltd t/as Tableland Timbers is fined the sum of $73,000; (3) Vaccount Pty Ltd t/as Tableland Timbers, pursuant to s 205(1) of the National Parks and Wildlife Act 1974, is to pay the Northern Rivers Catchment Management Authority within 28 days of this order, the amount of $73,000 to be used for general environmental purposes; (4) all future public references by Vaccount Pty Ltd t/as Tableland Timbers to the payment above shall be accompanied by the following passage: "The contribution by Vaccount Pty Ltd, trading as Tableland Timbers, to the Northern Rivers Catchment Management Authority is part of a penalty imposed on it by the Land and Environment Court of NSW after it was convicted of damaging reserved land, being an offence against s 156A of the National Parks and Wildlife Act 1974 "; (5) Vaccount Pty Ltd t/as Tableland Timbers is to pay within 28 days of this order: (a) the prosecutor's costs and disbursements of $47,100; and (b) the prosecutor's investigation costs pursuant to s 203(1) of the National Parks and Wildlife Act 1974, in the amount of $2,900; and (6) the exhibits are to be returned. Catchwords: SENTENCE: environmental offence - whether defendant negligently or recklessly harvested trees or damaged vegetation in a national park - defendant's state of mind was one of negligence - offence one of moderate objective gravity - subjective factors of defendant to be taken into account Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A, 22, 23 Criminal Procedure Act 1986, ss 257B, 257G National Parks and Wildlife Act 1974, ss 2A, 30E, 156A, 175B, 194, 203, 205 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 Blackwell v R [2011] NSWCCA 93 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 Director-General, Department of Environment and Climate Change v Calman Australia Pty Ltd [2009] NSWLEC 182 Director-General, Department of Environment, Climate Change and Water v Forestry Commission of New South Wales [2011] NSWLEC 102 Director-General, Department of Environment, Climate Change and Water v Linklater [2011] NSWLEC 30 Director-General, Department of Environment and Climate Change v Rae [2009] NSWLEC 137; (2009) 168 LGERA 121 Director-General, Department of Environment, Climate Change and Water v Vin Heffernan Pty Limited [2010] NSWLEC 200 Director-General, Department of Environment and Climate Change v Walker Corporation Pty Limited (No 4) [2011] NSWLEC 119 Environment Protection Authority v Barnes [2006] NSWCCA 246 Environment Protection Authority v Ecolab Pty Limited [2002] NSWLEC 206; (2002) 123 LGERA 269 Environment Protection Authority v Waste Recycling and Processing Corporations [2006] NSWLEC 419; (2006) 148 LGERA 299 Gordon Plath of the Department of Environment and Climate Change v Fish; Gordon Plath of the Department of Environment and Climate Change v Orogen Pty Ltd [2010] NSWLEC 144; (2010) 179 LGERA 386 Hili v The Queen; Jones v The Queen [2010] HCA 45; (2010) 272 ALR 465 La Fontaine v R (1976) 136 CLR 62 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Pemble v R (1971) 124 CLR 107 Plath v Hunter Valley Property Management Pty Ltd [2010] NSWLEC 264 Plath v Glover [2010] NSWLEC 119 Plath v Knox [2007] NSWLEC 670 Plath v Rawson [2009] NSWLEC 178; (2009) 170 LGERA 253 R v Borkowski [2009] NSWCCA 102 R v Crabbe (1985) 156 CLR 464 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Veen v The Queen [1979] HCA 7; (1979) 143 CLR 458 Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465 Category: Sentence Parties: Gordon Plath (Prosecutor) Vaccount Pty Ltd trading as Tableland Timbers (Defendant) Representation: Mr R Fox (Prosecutor) Mr A Djemal (Defendant) Office of Environment and Heritage, Department of Premier and Cabinet (Prosecutor) MJO Legal (Defendant) File Number(s): 50295 of 2011