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(13-015) Walker Corporation Pty Limited v director-general department of environment climate change and water [2012] NSWCCA 210

Environmental Law Reporter
Volume 32 Issue 13-014/13-021 (12 Apr 2013)

Abstract: The appellant (Walker) instructed Environmental Land Clearing Pty Ltd (ELC), to clear vegetation from 23 hectares of land that he owned. Walker instructed ELC to "tidy up the site" and to clear back certain areas on the land. Expert evidence obtained by the prosecutor after the clearing showed that the cleared vegetation included native vegetation. That evidence was based predominantly on patterns of vegetation on neighbouring land and on the remaining vegetation on the cleared land. Pepper J convicted Walker of clearing native vegetation in contravention of s 12 of the Native Vegetation Act 2012 (Act) (Director‐General of the Department of Environment, Climate Change and Water v Walker Corporation Pty Ltd (No 2) [2011] NSWLEC 229), and fined Walker $200,000 (Director‐General, Department of Environment and Climate Change v Walker Corporation Pty Limited (No 4) [2011] NSWLEC 119). Walker appealed both its conviction and its sentence to the Court of Criminal Appeal. The grounds of appeal included the lack of specificity in the charge regarding the precise vegetation cleared, the discharge of the onus of proof, the question of whether Walker had caused the clearing, and the appropriateness of the sentence.

To cite this article: Zerial, Natalie. (13-015) Walker Corporation Pty Limited v director-general department of environment climate change and water [2012] NSWCCA 210 [online]. Environmental Law Reporter, Vol. 32, No. 13-014/13-021, 12 Apr 2013: 2-3. Availability: <http://search.informit.com.au/documentSummary;dn=314527110853292;res=IELHSS> ISSN: 1035-6150. [cited 28 Jun 17].

Personal Author: Zerial, Natalie; Source: Environmental Law Reporter, Vol. 32, No. 13-014/13-021, 12 Apr 2013: 2-3 DOI: Document Type: Journal Article ISSN: 1035-6150 Subject: Plant conservation--Law and legislation; Criminal law; Climatic changes; Identifier: Walker Corporation Pty Limited v director-general department of environment climate change and water (case)

Database: Humanities & Social Sciences Collection