Chief Executive, of the Office of Environment and Heritage v Newbigging [2013] NSWLEC 144

Land and Environment Court New South Wales

Medium Neutral Citation: Chief Executive, of the Office of Environment and Heritage v Newbigging [2013] NSWLEC 144 Hearing dates: 5 August 2013; written notice of agreement on costs 20 August 2013 Decision date: 09 September 2013 Jurisdiction: Class 5 Before: Sheahan J Decision: (1)The defendant is convicted of the offence charged in the summons. (2)The defendant is ordered to pay a fine of $112,000.00. (3)The defendant is ordered to pay $45,000.00 in respect of the costs and disbursements of the prosecutor, including investigation costs. (4)The exhibits other than Exhibit P1 are returned. Catchwords: ENVIRONMENTAL OFFENCES: unlawful clearing of native vegetation - plea of guilty - moderate objective seriousness - environmental harm - offence committed recklessly - limited mitigating factors - financial burden of fine and costs. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 National Parks and Wildlife Act 1974 Native Vegetation Act 2003 Native Vegetation Conservation Act 1997 Threatened Species Conservation Act 1995 Cases Cited: Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357 Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; 145 LGERA 234 Chief Executive, Office of Environment and Heritage, Department of Premier and Cabinet v Powell [2012] NSWLEC 129 Chief Executive, Office of Environment and Heritage v Rummery [2012] NSWLEC 271; 192 LGERA 314 Director-General of the Department of Environment and Climate Change v Rae [2009] NSWLEC 137; 168 LGERA 121 Director-General, Department of Environment and Climate Change v Walker Corporation Pty Limited (No 4) [2011] NSWLEC 119 Director-General of the Department of Environment, Climate Change & Water v Graymarshall Pty Ltd [2011] NSWLEC 125 Director-General of the Department of Environment, Climate Change & Water v Graymarshall Pty Ltd (No 2) [2011] NSWLEC 149 Director General, Department of the Environment, Climate Change & Water v Ian Colley Earth Moving Pty Ltd [2010] NSWLEC 102 Director General, Department of Environment, Climate Change and Water v Linklater [2011] NSWLEC 30 Environment Protection Authority v Waste Recycling and Processing Corporation [2006] NSWLEC 419; 148 LGERA 299 Loel v Warringah Council [2012] NSWLEC 11 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Minister for Environment, Heritage and the Arts v Lamattina [2009] FCA 753; 167 LGERA 219 R v Rushby [1977] 1 NSWLR 594 Category: Sentence Parties: Chief Executive of the Office of Environment and Heritage (Prosecutor) Murray Wynne Newbigging (Defendant) Representation: Mr C Lenehan, Barrister (Prosecutor) Mr J Dalzell, Barrister (Defendant) Legal Services Branch, Office of Environment and Heritage, Department of Premier and Cabinet (Prosecutor) Austen Brown Boog (Defendant) File Number(s): 50032 of 2013