Anthony Somerville, 72, had been convicted, fined $15,000 and placed on a five-year good behaviour bond.

On Thursday in the District Court at Dubbo Judge John North set aside the original penalties and instead imposed a $2500 fine and a two-year good behaviour bond.

Somerville had pleaded guilty to one count of harming protected fauna in Dubbo Local Court last year.

The black swan is a protected bird in NSW under law and it is an offence to harm or collect the species including their eggs.

The offence occurred on October 27 near Lake Cowal, about 30kms from Forbes.

The eggs were collected and the contents blown out, court documents show.

In the appeal on Thursday, defence counsel Chris Simpson said there was a significant parity issue.

Co-offender Brandan Somerville, the 20-year-old grandson of the appellant, had been fined $1000, he said.

Anthony Somerville had received the “extremely excessive fine of $15,000”, the barrister said.

The court heard Mr Somerville was a pensioner, that his daughter was funding the appeal and that there was no evidence he made money from the activity.

A significant collection of eggs seized during the execution of a search warrant last year had not been returned, Mr Simpson said.

The Crown said there was a great need for specific and general deterrence.

There was planning involved in the offence, which had occurred 2.5 hours from Dubbo, the representative said.

The Crown submitted the offence fell “at least in the mid-range” of objective seriousness.

Judge North said no one could argue it was not a serious matter.

By collecting eggs and blowing them out, any chance of a bird living was completely gone, he said.

While the $15,000 fine was within the legislation, it failed to take into account the circumstances of the appellant, who was “elderly, unwell and on a pension”, he said.

The fine should be levied with a view of the ability of a person to pay, and in view of parity, he said.

Judge North also requested the National Parks and Wildlife Service return in good order any items taken from Somerville that were not going to be the subject of any further charges within 30 days.