Chief Executive of the Office of Environment and Heritage v Humphries [2013] NSWLEC 213

Land and Environment Court New South Wales

Medium Neutral Citation: Chief Executive of the Office of Environment and Heritage v Humphries [2013] NSWLEC 213 Hearing dates: 27 November 2013 Decision date: 27 November 2013 Jurisdiction: Class 5 Before: Preston CJ Decision: (1) The defendant is convicted of the offence as charged. (2) The defendant is fined the sum of $67,500. (3) The defendant is to pay the prosecutor's costs of the proceedings in the agreed sum of $34,000. Catchwords: ENVIRONMENTAL OFFENCES - clearing of native vegetation without approval or authority - sentencing - objective circumstances of offence - medium level of environmental harm - risk of harm to environment clearly foreseeable - practical measures could and should have been taken to prevent harm - defendant had control over causes that gave rise to offence - subjective circumstances of case and mitigating factors - no prior convictions - defendant of good character - unlikely to reoffend - remorse demonstrated - plea of guilty entered at the first practicable time - defendant provided assistance to prosecutor in relation to investigation of offence and conduct of the proceedings - purposes of sentencing - general deterrence - denunciation - need for consistency in sentencing and determining appropriate penalty - defendant convicted as charged - fine imposed - defendant to pay prosecutor's costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 ss 3A, 21A, 22 Criminal Procedure Act 1986 s 257B Environmental Planning and Assessment Act 1979 s 126 Fines Act 1996 s 6 Native Vegetation Act 2003 ss 3, 11, 12, 22 Native Vegetation Regulation 2005 cl 20 Threatened Species Conservation Act 1995 schs 1, 2 Cases Cited: Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234 Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Chief Executive of Office of Environment and Heritage v Newbigging [2013] NSWLEC 144 Chief Executive of the Office of Environment and Heritage v Rummery [2012] NSWLEC 271; (2012) 192 LGERA 314 Chief Executive, Office of Environment and Heritage v Kennedy [2012] NSWLEC 159 Corbyn v Walker Corporation Pty Ltd [2012] NSWLEC 75; (2012) 186 LGERA 442 Director General, Department of Environment, Climate Change and Water v Linklater [2011] NSWLEC 30 DirectorGeneral, Department of Environment and Climate Change v Rae [2009] NSWLEC 137; (2009) 168 LGERA 121 Elias v R; Issa v R [2013] HCA 31; (2013) 298 ALR 637 Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Category: Principal judgment Parties: Chief Executive of the Office of Environment and Heritage (Prosecutor) Mr David Humphries (Defendant) Representation: Mr A Macdonald (Solicitor) (Prosecutor) Mr T J Hancock (Barrister) (Defendant) Office of Environment and Heritage, Legal Services Branch (Prosecutor) Webb Boland Solicitors (Defendant) File Number(s): 50218 of 2013 Publication restriction: No