Environment Protection Authority v Action Sands Pty Ltd (ACN 050 400 443) [1999] NSWLEC 298

Environment Protection Authority v Action Sands Pty Ltd (ACN 050 400 443) [1999] NSWLEC 298

A monetary penalty at the lower end of the scale is appropriate, taking into account no actual harm occurred, the incident's partial foreseeability, the defendant's clean record and immediate remediation, and the guilty plea.

Parties
Prosecutor: Environment Protection Authority; Defendant: Action Sands Pty Ltd
Jurisdiction
Australia
Judgment Date
29 October 1999
Procedural Posture
Criminal Prosecution / Sentence and Orders Following Guilty Plea
Outcome
defendant convicted; monetary penalty and costs ordered
Legal Topics
Environmental Offences, Water Pollution, Sentencing, Penalties
Environmental Law Criminal Law Environmental Offences Water Pollution Sentencing Penalties

Case Brief

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Parties

Environment Protection Authority

Prosecutor

Action Sands Pty Ltd

Defendant

Procedural Posture

Criminal Prosecution / Sentence and Orders Following Guilty Plea

Legal Issues

  1. 1 Appropriate penalty for breach of s 16(1) Clean Waters Act 1970 by polluting waters
  2. 2 Assessment of foreseeability and harm in sentencing for environmental offence

Ratio Decidendi

A monetary penalty at the lower end of the scale is appropriate, taking into account no actual harm occurred, the incident's partial foreseeability, the defendant's clean record and immediate remediation, and the guilty plea.

Court Disposition

defendant convicted; monetary penalty and costs ordered

Orders

  • The defendant is convicted of the offence as charged.
  • The defendant must pay a penalty in the sum of $5,000.