Environment Protection Authority v BlueScope Steel (AIS) Pty Limited [2004] NSWLEC 400

Environment Protection Authority v BlueScope Steel (AIS) Pty Limited [2004] NSWLEC 400

BlueScope breached condition O2.1(a) of its licence by failing to maintain CB 6-99 and six batteries in the UPS in a proper and efficient condition. The breach caused discharge to atmosphere and water, with no direct environmental harm except visual impact, but the offence was serious, involved a major incident and carried potential consequences. After considering the seriousness of the offence, the incident and consequences, mitigating factors, early plea of guilty, remorse, remedial measures, co-operation, operating context and prior convictions, the appropriate penalty was a monetary fine of $70,000.

Jurisdiction
Australia
Judgment Date
27 July 2004
Procedural Posture
Prosecution for Contravention of Licence Condition Under the Protection of the Environment Operations Act 1997 S 64(1) / Sentence Following Plea of Guilty
Outcome
Defendant found guilty, convicted and fined $70,000; defendant ordered by consent to pay the prosecutor's costs.
Legal Topics
['contravention of Environment Protection Licence Condition' 'strict Liability Environmental Offence' 'aggravating and Mitigating Factors' 'environmental Harm' 'monetary Penalty']
['environmental Law' 'criminal Sentencing'] ['contravention of Environment Protection Licence Condition' 'strict Liability Environmental Offence' 'aggravating and Mitigating Factors' 'environmental Harm' 'monetary Penalty']

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Procedural Posture

Prosecution for Contravention of Licence Condition Under the Protection of the Environment Operations Act 1997 S 64(1) / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['Whether BlueScope contravened condition O2.1(a) of its licence by failing to maintain plant and equipment in a proper and efficient condition.' 'What penalty should be imposed having regard to the seriousness of the offence, environmental consequences, aggravating and mitigating factors, plea of guilty, prior convictions, remorse, co-operation and remedial action.']

Ratio Decidendi

BlueScope breached condition O2.1(a) of its licence by failing to maintain CB 6-99 and six batteries in the UPS in a proper and efficient condition. The breach caused discharge to atmosphere and water, with no direct environmental harm except visual impact, but the offence was serious, involved a major incident and carried potential consequences. After considering the seriousness of the offence, the incident and consequences, mitigating factors, early plea of guilty, remorse, remedial measures, co-operation, operating context and prior convictions, the appropriate penalty was a monetary fine of $70,000.

Court Disposition

Defendant found guilty, convicted and fined $70,000; defendant ordered by consent to pay the prosecutor's costs.

Orders

  • ['The offence the subject of the charge in the summons is proved.' 'The defendant is found guilty of the charge in the summons and convicted.' 'The defendant is ordered to pay a penalty by way of monetary fine in the sum of $70,000.' 'By consent, the defendant is ordered to pay the costs of the prosecutor.' 'The...