Fine For Manager Guilty Of Environmental Offences A Warning To All

A recent prosecution in NSW suggests that environmental enforcement agencies are becoming more willing to prosecute senior employees, not just their organisations. The decision in Garrett v Freeman (No. 5) [2009] NSWLEC 1, the first time a senior council employee has been prosecuted for actions undertaken as part of his job, should be a warning to everyone.

Mr Freeman was the director of infrastructure at Port Macquarie Hastings Council. An area had been identified as requiring remediation. To facilitate access to the area Mr Freeman initiated the construction of dirt roads. The construction damaged the habitats of various threatened species, an offence under National Parks and Wildlife Act 1974 (NSW).