Justice Lloyd of the New South Wales Land and Environment Court (author: interesting that they have a separate court) criminally sentenced both a local government official and the local government body for violating environmental laws. This case is significant because the prosecution was against another governmental body, not a private corporation or individual.
Geoff Freeman was Director of Infrastructure Services for the Port Macquaire Hastings Council (he has since resigned). His crime was causing construction of a road in an environmentally sensitive area without considering or doing a prior assessment of the impact on two threatened species, the Eastern Chestnut Mouse and the Grass Owl. The Court found that his actions were intentional. His defense of lack of training was not accepted because in his position, he should have determined what training he needed according to the Court. He was ordered to personally pay $57,000 plus the prosecutor’s costs of $167,500. Mr. Freeman pled not guilty, but was found guilty by the court.
The municipal council plead guilty to three counts of violating the National Parks and Wildlife Act, and one count of the Fisheries Act. The last count was for allowing reclamation work to proceed without a proper permit. The Council was ordered to pay a fine of $85,500 plus the prosecutor’s cost of $194,000.
Author’s note: I have not seen this type of prosecution against a local municipality and its officials in the United States.
For more information and a copy of the decision see:
And coverage from a local newspaper:
Here is where the town is located:
Filed under: Enforcement, criminal | Tagged: Australia, criminal, local government
