Environment Protection Authority v Pasminco Cockle Creek Smelter Pty Limited [2001] NSWLEC 270

Environment Protection Authority v Pasminco Cockle Creek Smelter Pty Limited [2001] NSWLEC 270

Having regard to the maximum penalty, the actual circumstances of the mercury discharge, the early plea of guilty, the absence or insignificance of actual environmental harm, the defendant's cooperation, contrition, antecedents and corrective measures, and the statutory and general sentencing principles, a fine of $33,000 was appropriate for the proved breach of licence condition.

Jurisdiction
Australia
Judgment Date
02 November 2001
Procedural Posture
Prosecution for Contravention of a Pollution Control Licence Condition Under S 64(1) of the Protection of the Environment Operations Act 1997 / Sentencing After Plea of Guilty
Outcome
Offence proved; defendant convicted and fined $33,000; defendant ordered to pay the prosecutor's costs.
Legal Topics
['breach of Pollution Control Licence Condition' 'mercury Discharge' 'environmental Harm and Potential Harm' 'plea of Guilty' 'penalty Assessment']
['environmental Law' 'criminal Sentencing'] ['breach of Pollution Control Licence Condition' 'mercury Discharge' 'environmental Harm and Potential Harm' 'plea of Guilty' 'penalty Assessment']

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Procedural Posture

Prosecution for Contravention of a Pollution Control Licence Condition Under S 64(1) of the Protection of the Environment Operations Act 1997 / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ["What penalty should be imposed for the defendant's contravention of a pollution control licence condition by discharging mercury above the licence limit." 'What factors, including the early guilty plea, cooperation, corrective measures, foreseeability, environmental harm and the matters in s 241 of the Protection of the Environment Operations Act 1997, should be taken into account on sentence.']

Ratio Decidendi

Having regard to the maximum penalty, the actual circumstances of the mercury discharge, the early plea of guilty, the absence or insignificance of actual environmental harm, the defendant's cooperation, contrition, antecedents and corrective measures, and the statutory and general sentencing principles, a fine of $33,000 was appropriate for the proved breach of licence condition.

Court Disposition

Offence proved; defendant convicted and fined $33,000; defendant ordered to pay the prosecutor's costs.

Orders

  • ['The offence is proved.' 'The defendant is convicted of the offence charged.' 'The defendant is ordered to pay a penalty by way of fine in the sum $33,000.' "The defendant is ordered to pay the prosecutor's costs." 'The exhibits, except exhibit A, which is the statement of agreed facts, may be returned.']