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ARTICLE · 12 SEPTEMBER 2010

Environmental Consultant Liable for Providing "Incorrect Advice"

In a first for NSW, an environmental consulting firm, Orogen Pty Ltd, and its director have been found guilty of an offence under the National Parks and Wildlife Act. Although neither Orogen or the director actually committed the acts which led to the damage to the habitat of a threatened species (koalas), they were liable for giving incorrect advice (Gordon Plath of the NSW DECC v Fish; Gordon Plath of the DECC v Orogen Pty Ltd [2010] NSWLEC 144).

AustraliaEnvironment

In a first for NSW, an environmental consulting firm, Orogen Pty Ltd, and its director have been found guilty of an offence under the National Parks and Wildlife Act. Although neither Orogen or the director actually committed the acts which led to the damage to the habitat of a threatened species (koalas), they were liable for giving incorrect advice (Gordon Plath of the NSW DECC v Fish; Gordon Plath of the DECC v Orogen Pty Ltd [2010] NSWLEC 144).

The decision will affect the way that environmental consultants and their clients do business, particularly when it comes to knowing your areas of expertise, scoping the consultancy work, limiting liability and assessing insurance.

What did the environmental consultant do?

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