Chamwell Pty Limited v Strathfield Council

Reported Decision: (2007) 151 LGERA 92

Land and Environment Court

of New South Wales

CITATION:

Garrett v Williams, Craig Walter [2007] NSWLEC 96

PARTIES:

PROSECUTOR
Stephen Garrett

DEFENDANT
Craig Walter Williams

FILE NUMBER(S):

50015; 50016; 50017 of 2005

CORAM:

Preston CJ

KEY ISSUES:

Environmental Offences :- destroy Aboriginal objects - damage Aboriginal place - pleas of guilty - restorative justice intervention by Court prior to sentence - restorative process of victim/offender mediation - voluntary participation by Aboriginal people of area in which offences occurred and offender in restorative conference assisted by trained facilitator - relevance to sentencing considerations

LEGISLATION CITED:

Crimes (Sentencing Procedure) Act 1999 (NSW) s 3A, s 5(1), s 21A(2), s 21A(3), s 22(1), s 23
National Parks and Wildlife Act 1974 (NSW) s 2A(1), s 84, s 90(1)-(5), Pt 6.

CASES CITED:

Environment Protection Authority v Barnes [2006] NSWCCA 246 (17 August 2006);
Douar v The Queen (2005) 159 A Crim R 154;
R v Gallagher (1991) 23 NSWLR 220;
R v MAK; R v MSK [2006] NSWCCA 381 (30 November 2006);
R v Thomson; R v Houlton (2000) 49 NSWLR 383

DATES OF HEARING:

28/09/2006, 29/09/2006, 05/10/2006, 09/10/2006, 10/10/2006, 14/12/2006

 
DATE OF JUDGMENT: 

27 February 2007

LEGAL REPRESENTATIVES:

PROSECUTOR
Ms E Fullerton SC with Mr T Howard
SOLICITORS
Department of Environment and Conservation

DEFENDANT
Mr P Clay (barrister)
SOLICITORS
Herbert Geer & Rundle

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

PRESTON CJ

27 FEBRUARY 2007

50015, 50016 and 50017 OF 2005

STEPHEN GARRETT V CRAIG WALTER WILLIAMS

JUDGMENT

1 HIS HONOUR: The Aboriginal people have inhabited the country around Broken Hill in far western New South Wales for tens of thousands of years. Evidence of their habitation continues today. There are artefacts scattered across the countryside. The artefacts include evidence of quartz stone quarrying, working and tool manufacture, such as stone blades, flakes, cores or flaked pieces. There are ovens and food processing equipment including grinding dishes and mortar and pestle type equipment. But the most tangible evidence to the Aboriginal people is the country itself and its landscape features. Prominent amongst the landscape features is what European settlers named the Pinnacles. The Pinnacles are three unusual pointy hills that dominate the skyline south of Broken Hill. To the Aboriginal people, the Pinnacles are central to a living Bronze Wing Pigeon story line.

2 The importance to the Aboriginal people of the country around the Pinnacles was recognised in 1996 by a declaration that the Pinnacles be an Aboriginal place protected under the National Parks and Wildlife Act 1974 (NSW).

3 The rocks and landforms that are important to the Aboriginal people have also attracted the interest of geologists and miners. The geology of the Broken Hill area is rich with valuable base metals particularly silver, lead and zinc. The area has become one of Australia’s most important mining areas.

4 One of the mines established was Pinnacle Mines. As the name suggests, it is based in and around…