Chief Executive, Office of Environment and Heritage v Leda Management Services Pty Ltd [2013] NSWLEC 111

Land and Environment Court New South Wales

Medium Neutral Citation: Chief Executive, Office of Environment and Heritage v Leda Management Services Pty Ltd [2013] NSWLEC 111 Hearing dates: 22 July 2013 Decision date: 23 July 2013 Jurisdiction: Class 5 Before: Pain J Decision: 1. The Defendant is convicted of the offence with which it is charged; 2. The Defendant is fined the sum of $32,500; 3. The Defendant is ordered pursuant to s 200 of the National Parks and Wildlife Act 1974 to: (a) Within 12 months of the date of these orders carry out the works detailed in Part 5 of the Blacks Creek Rehabilitation Plan dated 17 July 2013 ("the Rehabilitation Plan") in accordance with the provisions of Part 6 of the Rehabilitation Plan, with the exception that: (i) the rehabilitation plan is hereby modified so that the requirement for monitoring and reporting is limited to five years from the date of the undertaking of the said works; (ii) the natural surface reestablishment referred to in s.5.1.3 shall be undertaken under the supervision of an officer of Soil Conservation (such person is to be approved by OEH's area manager Tweed - Kyogle) and such officer shall direct the final level of the resurfaced landform; (iii) placement of large woody debris referred to at 5.1.1 under the supervision of an officer of the Department of Fisheries (such person is to be approved by OEH's area manager Tweed - Kyogle) and the debris shall be placed in the location and on the composition as directed by that officer; (iv) the bush regeneration shall be undertaken by the approved contractor (Appendix A) in accordance with the policy (Appendix B). (b) The Defendant is given liberty with respect to the time for compliance with this order 4. The Defendant, at its expense and pursuant to s 205 of the National Parks and Wildlife Act 1974 shall: (a) within 28 days of the date of these orders cause to be published an advertisement in the form of annexure 'A' to be placed in the Tweed Daily News, the Northern Star and the Tweed Echo being of quarter page size; and (b) within 28 days of such publication, notify the Prosecutor of publication. 5. The Defendant must pay the Prosecutor's costs in the sum of $38,000. Catchwords: SENTENCE - environmental offence - plea of guilty - defendant damaged vegetation in a nature reserve - extent of environmental harm - state of mind of defendant - subjective factors of defendant to be taken into account - early plea of guilty - rehabilitation and publication orders imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 s 3A, s 21A National Parks and Wildlife Act 1974 s 2A, s 30J, s 118A, s 156A, s 175B, s 194, s 199, s 200, s 205, Pt 11 Protection of the Environment Operations Act 1997 Threatened Species Conservation Act 1996 Cases Cited: Bentley v BGP Properties Pty Limited [2006] NSWLEC 34; (2006) 145 LGERA 234 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 Chief Executive, Office of Environment and Heritage v Coffs Harbour Hardwoods Sales Pty Ltd [2012] NSWLEC 52 Environment Protection Authority v Hanna [2010] NSWLEC 98 Environment Protection Authority v Sibelco Australia Limited [2011] NSWLEC 160 Environment Protection Authority v Timber Industries [2001] NSWLEC 25 Environment Protection Authority v Waste Recycling Corporation [2006] NSWLEC 419; (2006) 148 LGERA 299 Hoare v R [1989] HCA 33; (1989) 167 CLR 348 Plath of Department of Environment and Climate Change v Fish; Plath of Department of Environment and Climate Change v Orogen Pty Ltd [2010] NSWLEC 144; (2010) 179 LGERA 386 Plath v Glover [2010] NSWLEC 119 Plath v Knox [2007] NSWLEC 670 Plath v Vaccount Pty Ltd t/as Tableland Timbers [2011] NSWLEC 202 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Category: Sentence Parties: Chief Executive, Office of Environment and Heritage (Prosecutor) Leda Management Services Pty Ltd (Defendant) Representation: Ms K Caruana (solicitor) (Prosecutor) Ms S Duggan SC (Defendant) Office of Environment and Heritage (Prosecutor) Bolster and Associates (Defendant) File Number(s): 50076 of 2013