Environment Protection Authority - V - BHP Steel (JLA) Pty Ltd [1999] NSWLEC 150

Environment Protection Authority - V - BHP Steel (JLA) Pty Ltd [1999] NSWLEC 150

The offence was administrative, caused no environmental harm, was committed through inadvertence without intent to mislead, was followed by cooperation and a revised certificate, and occurred against a generally good environmental record; although the defendant controlled the causes of the offence and had prior convictions, the offence sat at the lower end of the penalty range and warranted a $4000 fine plus agreed costs.

Jurisdiction
Australia
Judgment Date
30 June 1999
Procedural Posture
Environmental Offence Prosecution / Penalty After Guilty Plea
Outcome
Defendant convicted and fined; costs ordered.
Legal Topics
['pollution Control Licence Conditions' 'certificate of Compliance' 'misleading or False Particulars' 'sentencing and Penalty']
['environmental Law' 'criminal Law'] ['pollution Control Licence Conditions' 'certificate of Compliance' 'misleading or False Particulars' 'sentencing and Penalty']

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Procedural Posture

Environmental Offence Prosecution / Penalty After Guilty Plea

Legal Issues

  1. 1 ["What penalty should be imposed for the defendant's admitted contravention of a pollution control licence condition by supplying a certificate of compliance that omitted non-compliance incidents." "Whether the offence was mitigated by the defendant's guilty plea, inadvertence, cooperation, revised certificate, environmental record, and low environmental harm."]

Ratio Decidendi

The offence was administrative, caused no environmental harm, was committed through inadvertence without intent to mislead, was followed by cooperation and a revised certificate, and occurred against a generally good environmental record; although the defendant controlled the causes of the offence and had prior convictions, the offence sat at the lower end of the penalty range and warranted a $4000 fine plus agreed costs.

Court Disposition

Defendant convicted and fined; costs ordered.

Orders

  • ['The defendant is convicted of the offence as charged.' 'The defendant is fined the sum of $4000.' "The defendant must pay the prosecutor's costs in the sum of $9750." 'The exhibits may be returned.']