NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Chief Executive, Office of Environment and Heritage v Ausgrid [2013] NSWLEC 51 Hearing dates: 15 April 2013 Decision date: 22 April 2013 Jurisdiction: Class 5 Before: Pepper J Decision: See orders at [112]. Catchwords: ENVIRONMENTAL OFFENCE: harm to Aboriginal object caused by excavation - plea of guilty - determination of appropriate sentence - objective culpability of corporate defendant - state of mind at time of commission of the offence - extent of harm to the environment - subjective factors in mitigation - whether appropriate to record no conviction - publication order made. Legislation Cited: Crimes Act 1900, s 556A
Crimes (Sentencing Procedure) Act 1999, ss 3A, 10, 21A, 22, 23
Criminal Procedure Act 1986, ss 257B, 257G
Environmental Planning and Assessment Act 1979, s 111
Interpretation Act 1987, s 21
National Parks and Wildlife Act 1974, ss 2A, 86(2), 194 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
Blue Mountains City Council v Carlon [2008] NSWLEC 296
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
Chin v Ryde City Council [2004] NSWCCA 167; (2004) 133 LGERA 312
Department of Environment and Climate Change v Sommerville; Department of Environment and Climate Change v Ianna [2009] NSWLEC 194
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate