Environmental consultants who provide mistaken advice that leads to damage to threatened species habitat may be criminally liable under s 118D(1) of the NPW Act, even where they did not make the decision to clear or carry out the clearing work. However, the level of control over the clearing is attenuated when the defendant's role is advisory, which reduces culpability. Criminal negligence in this context requires indifference to an obvious risk, and the failure of DECCW's own published fact sheets to draw attention to the s 118D prohibition is relevant to whether the risk was obvious. The newly available environmental service order under s 205(1)(c) NPW Act may be made in addition to any penalty, and the cost of such a project may be taken into account in determining the level of fine.
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