Chief Executive of the Office of Environment and Heritage, Department of Premier and Cabinet v Turnbull [2014] NSWLEC 150

Land and Environment Court New South Wales

Medium Neutral Citation: Chief Executive of the Office of Environment and Heritage, Department of Premier and Cabinet v Turnbull [2014] NSWLEC 150 Hearing dates: 4, 5, 6 and 7 March 2014 Decision date: 19 September 2014 Jurisdiction: Class 5 Before: Sheahan J Decision: (1) The defendant is found guilty, and convicted, of the offence with which he was charged in the summons. (2) The defendant is fined the sum of $140,000. (3) The defendant is ordered to pay the reasonable investigation and legal costs and disbursements of the prosecutor, as agreed, or as assessed according to law. (4) The exhibits, MFI no. 2, and working copies of some exhibits, may be returned, other than Exhibits P1 and P2. Catchwords: ENVIRONMENTAL OFFENCES: unlawful clearing of native vegetation - plea of guilty - disputes over area of land unlawfully cleared and environmental harm caused - substantial harm caused - offence committed recklessly - limited mitigating factors - minimal utilitarian value of guilty plea. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Environmental Planning and Assessment Act 1979 Environmental Protection and Biodiversity Conservation Act 1999 Fisheries Management Act 1994 Native Vegetation Act 2003 Threatened Species Conservation Act 1995 Cases Cited: Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234 Chief Executive, Office of Environment and Heritage, Department of Premier and Cabinet v Powell [2012] NSWLEC 129 Chief Executive of the Office of Environment and Heritage v Bombala Investments Pty Ltd [2013] NSWLEC 185; (2013) 199 LGERA 236 Chief Executive of the Office of Environment and Heritage v Humphries [2013] NSWLEC 213 Chief Executive, Office of Environment and Heritage v Rummery [2012] NSWLEC 271; (2012) 192 LGERA 314 Chief Executive, of the Office of Environment and Heritage v Newbigging [2013] NSWLEC 144 Director-General of the Department of Environment and Climate Change v Rae; [2009] NSWLEC 137; (2009) 168 LGERA 121 Director-General of the Department of Environment, Climate Change and Water v Graymarshall Pty Ltd [2011] NSWLEC 125 Director-General of the Department of Environment, Climate Change and Water v Graymarshall Pty Ltd (No. 2) [2011] NSWLEC 149 Director-General of the Department of Environment, Climate Change and Water v Ian Colley Earthmoving Pty Ltd [2010] NSWLEC 102 Director-General of the Department of Environment, Climate Change and Water v Walker Corporation Pty Limited (No 4) [2011] NSWLEC 119 Duffy v R [2009] NSWCCA 304 Environment Protection Authority v Ashmore (No 2) [2014] NSWLEC 142 Environment Protection Authority v Chillana Pty Ltd [2010] NSWLEC 255 Environment Protection Authority v Pal [2009] NSWLEC 35 Environment Protection Authority v Ramsey Food Processing Pty Ltd [2010] NSWLEC 23 Georgopolous v R [2010] NSWCCA 246 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Newcastle Port Corporation v MS Magdalene Schiffahrtsgesellschaft MBH; Newcastle Port Corporation v Vazhnenko [2013] NSWLEC 210 Plath v Rawson [2009] NSWLEC 178; (2009) 170 LGERA 253 Rummery v Chief Executive, Office of Environment and Heritage [2014] NSWCCA 106; (2014) 201 LGERA 428 R v Olbrich [1999] HCA 54; (1999) 199 CLR 270 R v O'Neill [1979] 2 NSWLR 582 R v Thomson, R v Houlton (2000) 49 NSWLR 383 The Queen v De Simoni [1981] HCA 31; (1981) 147 CLR 383 Turnbull v Director-General, Office of Environment and Heritage [2014] NSWLEC 84 Turnbull v Director-General, Office of Environment and Heritage (No 2) [2014] NSWLEC 112 Category: Sentence Parties: Chief Executive of the Office of Environment and Heritage, Department of Premier and Cabinet (Prosecutor) Ian Robert Turnbull (Defendant) Representation: Mr D K Jordan, barrister (Prosecutor) Mr T Alexis, SC with Ms H Irish, barrister (Defendant) Office of Environment and Heritage (Prosecutor) Cole & Butler (Defendant) File Number(s): 51231 of 2012