Environment Protection Authority v ACE Demolition & Excavation Pty (No 2) [2023] NSWLEC 3

Environment Protection Authority v ACE Demolition & Excavation Pty (No 2) [2023] NSWLEC 3

ACE Demolition & Excavation Pty Ltd was sentenced for three offences under s 144AA(2) and one offence under s 144AA(1) of the Protection of the Environment Operations Act 1997 for knowingly supplying false or misleading information about waste during the course of dealing with waste. The offending was at the high end of the mid-range of objective seriousness, harmed regulatory schemes but caused no actual environmental harm, constituted a single course of conduct warranting moderation of total penalties, and attracted a 10% discount for late but not excessively late guilty pleas. Publication and moiety orders, and costs were appropriate.

Jurisdiction
Australia
Judgment Date
02 February 2023
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and fined
Legal Topics
['false or Misleading Information' 'waste Management' 'sentencing' 'corporate Criminal Liability' 'regulatory Compliance']
['environmental Law' 'criminal Law'] ['false or Misleading Information' 'waste Management' 'sentencing' 'corporate Criminal Liability' 'regulatory Compliance']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether ACE Demolition & Excavation Pty Ltd supplied information about waste that was false or misleading in a material respect' 'Whether the defendant knew the information was false or misleading (for s 144AA(2) charges)' 'Assessment of harm to regulatory regimes' 'Appropriate penalty and discount for guilty pleas' 'Application of totality and accumulation principles in sentencing' 'Whether a publication order should be made']

Ratio Decidendi

ACE Demolition & Excavation Pty Ltd was sentenced for three offences under s 144AA(2) and one offence under s 144AA(1) of the Protection of the Environment Operations Act 1997 for knowingly supplying false or misleading information about waste during the course of dealing with waste. The offending was at the high end of the mid-range of objective seriousness, harmed regulatory schemes but caused no actual environmental harm, constituted a single course of conduct warranting moderation of total penalties, and attracted a 10% discount for late but not excessively late guilty pleas. Publication and moiety orders, and costs were appropriate.

Court Disposition

Convicted and fined

Orders

  • ['ACE Demolition & Excavation Pty Ltd convicted of three offences under s 144AA(2) and one under s 144AA(1) of the POEO Act' 'Fined $300,000 (Matter No 357465), $270,000 (Matter No 357466), $240,000 (Matter No 357468), $133,650 (Matter No 357467) – total $943,650' 'Moiety (50%) of fines to be paid to the Prosecutor'...