Chief Executive of the Office of Environment and Heritage v Bombala Investments Pty Ltd [2013] NSWLEC 185

Land and Environment Court New South Wales

Medium Neutral Citation: Chief Executive of the Office of Environment and Heritage v Bombala Investments Pty Ltd [2013] NSWLEC 185 Hearing dates: 24 September 2013 Decision date: 01 November 2013 Jurisdiction: Class 5 Before: Craig J Decision: Orders as set out at [126] Catchwords: SENTENCE - damage to habitat of threatened species contrary to s 118D(1) of the National Parks and Wildlife Act 1974 - clearing of portion of property authorised by Bush Fire Hazard Reduction Certificate pursuant to Rural Fires Act 1997 - area identified to be cleared in certificate unclear - area cleared exceeded area authorised to be cleared by Rural Fire Service - threatened fauna and flora species - known habitat of Squirrel Glider and Trailing Woodruff - actual and likely environmental harm to habitat - harm consistent with key threatening processes for threatened species under Threatened Species Conservation Act 1995 - some but not all habitat cleared - offences not committed for commercial gain - remediation readily possible and practically achievable - fines imposed - publication order - remediation plan to be prepared and implemented Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Environmental Planning and Assessment Act 1979 (NSW)

Criminal Procedure Act 1986 (NSW)

Great Lakes Local Environmental Plan 1996 (NSW)

National Parks and Wildlife Act 1974 (NSW)

Rural Fires Act 1997 (NSW)

Native Vegetation Act 2003 (NSW)

Threatened Species Conservation Act 1995 (NSW)

Uniform Civil Procedure Rules 2005 Cases Cited: Bentley v BGP Properties Pty Limited [2006] NSWLEC 34; (2006) 145 LGERA 234