Chief Executive, Office of Environment and Heritage v Fish (No 2) [2014] NSWLEC 67

Land and Environment Court New South Wales

Medium Neutral Citation: Chief Executive, Office of Environment and Heritage v Fish (No 2) [2014] NSWLEC 67 Hearing dates: 14 February 2014, 9 April 2014 Decision date: 02 June 2014 Jurisdiction: Class 5 Before: Pain J Decision: 1. The Defendant is convicted of the offence as charged. 2. The Defendant is fined the sum of $25,000 to be paid to the Registrar of the Court within 28 days of today's date. 3. The Defendant is to pay the Prosecutor's costs of $8,500 pursuant to s 257B of the Criminal Procedure Act 1986. Catchwords: ENVIRONMENTAL OFFENCES - plea of guilty by individual defendant to statutory offence of failure to comply with court order to undertake koala habitat mapping project as sentence for offence under National Parks and Wildlife Act - mapping project unable to be completed due to loss of income to individual defendant - financial circumstances of individual defendant taken into account in relation to capacity to pay a fine - analogy to contempt cases explored Legislation Cited: Crimes (Sentencing Procedure) Act 1999 s 3A, s 21A Criminal Procedure Act 1986 s 257B Fines Act 1996 s 6 Protection of the Environment Operations Act 1997 s 251 National Parks and Wildlife Act 1974 s 118D, s 194, s 205, s 206 Cases Cited: Burwood Council v Ruan [2008] NSWLEC 167 Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Director-General, Department of Environment and Climate Change v Rae [2009] NSWLEC 137; (2009) 168 LGERA 121 Environment Protection Authority v Barnes [2006] NSWCCA 246 Environment Protection Authority v Unomedical Pty Ltd No 4 [2011] NSWLEC 131 Environment Protection Authority v Waight [2003] NSWLEC 124 Gordon Plath of the Department of Environment and Climate Change v Fish [2010] NSWLEC 144; (2010) 179 LGERA 386 Hoare v R [1989] HCA 33; (1989) 167 CLR 348 Liverpool City Council v Leppington Pastoral Co Pty Ltd [2010] NSWLEC 170 Markarian v R [2005] HCA 25; (2005) 228 CLR 357 Muldrock v R [2011] HCA 39; (2011) 244 CLR 120 Owners Strata Plan 37762 v Pham (No 2) [2007] NSWLEC 306 Pelechowski v Registrar of the Court of Appeal [1999] HCA 19; (1999) 198 CLR 435 Queanbeyan City Council v Sun (No 2) [2013] NSWLEC 64; (2013) 195 LGERA 14 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Rahme v R (1989) 43 A Crim R 81 Veen v R [1979] HCA 7; (1979) 143 CLR 458 Veen v R (No 2) [1988] HCA 14; (1988) 164 CLR 465 Waverley Council v Tovir Investments Pty Ltd (No 3) [2013] NSWLEC 35 Waverley Council v Tovir Investments Pty Ltd (No 4) [2013] NSWLEC 88 Category: Sentence Parties: Chief Executive, Office of Environment and Heritage (Prosecutor) Anthony Fish (Defendant) Representation: Mr R Fox (solicitor) (Prosecutor) In person (Defendant) Office of Environment and Heritage (Prosecutor) In person (Defendant) File Number(s): 50637 of 2013