Bentley V Gordon [2005] NSWLEC 695

Varsha. V, CMRU School of Legal Studies

ABSTRACT:

The discipline of Environmental Law is quite broad and vast, resulting in the current generation witnessing significant growth. Policies and principles drafted much earlier in the field come in handy even to this day and the practicality of it is still astounding. The Polluters Pay Principle is one such aspect of Environmental Law, where the Polluter is actually held responsible, imitating the circumstances in criminal or civil cases. The polluter is made to pay in monetary means to compensate for the damage caused to the geographical location and the people residing in such geographical location. This particular case deals with the defendant clearing out land for the purposes of personal financial gain which contributed to the depletion of an already vulnerable species of plant ‘Black Eyed Susan’. The court of law convicted the defendant of his crimes and with the application of the Polluters Pay Principle held the defendant liable in a monetary sense as well.