Chief Executive, Office of Environment and Heritage v Kennedy [2012] NSWLEC 159

Land and Environment Court New South Wales

Medium Neutral Citation: Chief Executive, Office of Environment and Heritage v Kennedy [2012] NSWLEC 159 Hearing dates: 11 July 2012 Decision date: 20 July 2012 Jurisdiction: Class 5 Before: Biscoe J Decision: (1) The defendant is convicted of the offence under s 12 of the Native Vegetation Act 2003 as charged; (2) The defendant is fined the sum of $40,000; (3) The defendant is to pay the prosecutor's costs as assessed or agreed. Catchwords: ENVIRONMENTAL OFFENCES- sentence - clearing of native vegetation - plea of guilty - partly regrowth and buffers permitted to be cleared - mistaken belief of defence that mature trees cleared were a permitted routine agricultural management activity for the construction of rural infrastructure - issues as to number of mature trees cleared, area cleared, what other native vegetation was cleared, defendant's reasons for clearing and extent of environmental harm. Legislation Cited: Environmental Planning and Assessment Act 1979 s 126 Native Vegetation Act 2003 ss 3, 6, 7, 9, 11, 12, 18, 19, 21, 22, 38, Part 3 Div 3 Native Vegetation Conservation Act 1997 s 47

Rural Lands Protection Act 1998 s 27, Part 5 Div 3, Part 8 Div 6, Part 11 Divs 2-4, Sch 7 cl 28 Threatened Species Conservation Act 1995 s 4(1), Sch 1 Part 3 Native Vegetation Regulation 2005 cll 13, 16, 20 Cases Cited: Chief Executive, Office of Environment and Heritage, Department of Premier and Cabinet v Powell [2012] NSWLEC 129 Corbyn v Walker Corporation Pty Ltd [2012] NSWLEC 75 Director General, Department of Environment, Climate Change and Water v Linklater [2011] NSWLEC 30 Director General, Department of the Environment and Climate Change v Olmwood Pty Ltd (No 2) [2010] NSWLEC 100 Director-General of the Department of Environment, Climate Change and Water v Walker Corporation Pty Ltd (No 2) [2011] NSWLEC 229 Director-General, Department of Environment and Climate Change v Hudson [2009] NSWLEC 4, 165 LGERA 256 Director-General, Department of Environment and Climate Change v Rae [2009] NSWLEC 137, 168 LGERA 121 Director-General, Department of Environment and Climate Change v Taylor [2007] NSWLEC 530 Director-General, Department of Environment and Climate Change v Walker Corporation Pty Ltd (No 4) [2011] NSWLEC 119 Director-General, Department of Environment and Climate Change v Wilton [2008] NSWLEC 297