Director prosecuted for knowingly taking water during time of severe drought

The Land and Environment Court of NSW ("Court") has again reminded directors of their obligations to ensure that the companies for which they are responsible comply with environmental laws. Recently, the Court gave its decision in the first prosecution of a director under the Water Management Act 2000 for the unauthorised taking of water from the Lachlan River during a severe water shortage.

Mr Baring, the Defendant, was the sole director of Baring Park Pty Ltd, a company now deregistered with the ASIC.

Mr Baring was found guilty of 10 offences. Mr Baring was ordered to pay $370,000 being fines totalling $290,000 and the Prosecutor's costs of $80,000.

Here we deal with 2 decisions, being the prosecution of Mr Baring, in Harrison v Baring [2012] NSWLEC 117 and on the subsequent sentencing of Mr Baring in Harrison v Baring (No.2) [2012] NSWLEC 145.