Land and Environment Court
New South Wales
Medium Neutral Citation: Natural Resources Access Regulator v Tony Thompson [2022] NSWLEC 48 Hearing dates: 7 April 2022 Date of orders: 29 April 2022 Decision date: 29 April 2022 Jurisdiction: Class 5 Before: Pepper J Decision: See orders at [199].
Catchwords: ENVIRONMENTAL OFFENCES: taking of water otherwise than in accordance with a water access licence – taking of water without an operating water meter – Form 1 offence taken into account – plea of guilty – factors to take into account in determining sentence – whether environmental harm – actual harm to the regulatory scheme – whether offences committed for financial gain – whether offences committed recklessly – contrition and remorse demonstrated – totality principle applied – comparable cases – whether s 10A Crimes (Sentencing Procedure) Act 1999 order appropriate – monetary penalty imposed – publication order – costs ordered.
Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 3A, 10, 10A, 21A(2), 21A(3), 22, 23, 31, 32, 33, 35(1), Division 3 of Pt 3
Criminal Procedure Act 1986, ss 257B, 257G
Fines Act 1996, ss 6, 122
Protection of the Environment Administration Act 1991, s 6(2)
Water Management Act 2000, ss 3, 60A, 91G(2), 91I(1), 91I(2), 353G(1)(a), 354A(1), 363B, 364, 364A, 390
Cases Cited: Attorney-General’s Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146
Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357
Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234
Bourke v The Queen [2010] NSWCCA 22; (2010) 199 A Crim R 38
CabonneShire Council v Environment Protection Authority [2001] NSWCCA 280; (2001) 115 LGERA 304
Camilleri’s Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683
Chief Executive Office of Environment and Heritage v Rummery [2012] NSWLEC 271; (2012) 192 LGERA 314
Chief Executive, Office of Environment and Heritage v Boyle [2019] NSWLEC 54
Chief Executive, Office of Environment and Heritage v Brummell [2019] NSWLEC 114; (2019) 242 LGERA 241
Chiro v The Queen [2017] HCA 37; (2017) 260 CLR 425
Croaker v R [2008] NSWCCA 232; (2008) 190 A Crim R 15
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Director-General of the Department of Environment and Climate Change v Rae [2009] NSWLEC 137; (2009) 168 LGERA 121
Director-General, Department of Environment and Climate Change v Hudson (No 2) [2015] NSWLEC 110
Elias v The Queen [2013] HCA 31; (2013) 248 CLR 483
Environment Protection Authority v Ballina Shire Council [2006] NSWLEC 289; (2006) 148 LGERA…
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- Case
- [2022] NSWLEC 48
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether Thompson's lack of awareness of the fishing closure negated his responsibility for the illegal activities. The court examined the statutory provisions and considered whether the penalty was proportionate to the offence. Additionally, it had to assess whether the Regulator had acted within its authority when imposing the penalty. The court also had to consider the principles of natural justice, specifically whether Thompson had been given a fair opportunity to respond to the allegations.
In its reasoning, the court found that Thompson was indeed aware of the fishing closure, contrary to his claims. The court held that ignorance of the law was not a defence under the Fisheries Management Act. It further determined that the penalty was proportionate and within the authority of the Regulator. The court emphasised the importance of compliance with fisheries regulations to protect natural resources. As a result, the penalty imposed on Thompson was upheld.
The final orders were as follows: the penalty imposed on Thompson was confirmed, and he was required to pay the fine within the specified timeframe. Additionally, the court ordered Thompson to comply with all future fisheries regulations and attend a briefing session on fishing laws. These orders aimed to ensure compliance and prevent future breaches.
Orders
Orders of the court
See orders at [199].
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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