Environment Protection Authority v O’Brien [2025] NSWLEC 14

Environment Protection Authority v O’Brien [2025] NSWLEC 14

Each of the three offences was objectively serious and fell within the mid-range for offences under s 144AA(1) of the POEO Act, involving deliberate supply of false or misleading information about the lawful disposal of asbestos waste for financial gain, causing or risking potential environmental harm. The aggregate fine of $90,000, reduced for totality, was just and appropriate. Additional orders were made for costs and publication to advance deterrence and transparency.

Parties
Prosecutor: Environment Protection Authority; Defendant: Adam O'Brien
Jurisdiction
Australia
Judgment Date
28 February 2025
Procedural Posture
Criminal (sentence) / Sentence After Conviction at Trial
Outcome
Defendant convicted on all counts and total fine of $90,000 imposed. Orders also made for costs, moiety of fines, and publication.
Legal Topics
Supply of False or Misleading Information About Waste, Sentencing for Environmental Offences, Fines and Penalty Orders, Criminal Procedure
Environmental Law Criminal Law Supply of False or Misleading Information About Waste Sentencing for Environmental Offences Fines and Penalty Orders Criminal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 20 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Environment Protection Authority

Prosecutor

Adam O'Brien

Defendant

Procedural Posture

Criminal (sentence) / Sentence After Conviction at Trial

Legal Issues

  1. 1 What penalty should be imposed for three offences of supplying false or misleading information about waste contrary to s 144AA(1) of the Protection of the Environment Operations Act 1997 (NSW)?

Ratio Decidendi

Each of the three offences was objectively serious and fell within the mid-range for offences under s 144AA(1) of the POEO Act, involving deliberate supply of false or misleading information about the lawful disposal of asbestos waste for financial gain, causing or risking potential environmental harm. The aggregate fine of $90,000, reduced for totality, was just and appropriate. Additional orders were made for costs and publication to advance deterrence and transparency.

Court Disposition

Defendant convicted on all counts and total fine of $90,000 imposed. Orders also made for costs, moiety of fines, and publication.

Orders

  • Adam O'Brien convicted of three offences against s 144AA(1) of the Protection of the Environment Operations Act 1997 (NSW) (proceedings 2020/00016459, 2020/00016460, 2020/00016461).
  • Adam O'Brien fined $30,000 for each offence (total $90,000).