Environment Protection Authority v Jackson; Environment Protection Authority v LeMessurier [2024] NSWLEC 137

Environment Protection Authority v Jackson; Environment Protection Authority v LeMessurier [2024] NSWLEC 137

Jackson and LeMessurier, as directors of MRI (Aust) Pty Ltd, recklessly permitted the storage of hazardous waste in quantities exceeding regulatory thresholds at the Warwick Farm property without the required environment protection licence or development consent, in breach of s 144(1) of the Protection of the Environment Operations Act 1997, and are each to be convicted and penalised accordingly, including monetary penalties, costs orders, and publication orders, the penalties discounted for their pleas and reduced due to limited financial means.

Parties
Prosecutor: Environment Protection Authority; Defendant: Bruce Jackson; Defendant: William LeMessurier
Jurisdiction
Australia
Judgment Date
13 December 2024
Procedural Posture
Criminal / Sentence
Outcome
Conviction and sentence; monetary penalties and ancillary orders imposed on both defendants.
Legal Topics
Directors' Liability, Hazardous Waste, Waste Management, Sentencing, Protection of the Environment Operations Act 1997 Offences, Executive Liability
Environmental Law Criminal Law Directors' Liability Hazardous Waste Waste Management Sentencing Protection of the Environment Operations Act 1997 Offences Executive Liability

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Parties

Environment Protection Authority

Prosecutor

Bruce Jackson

Defendant

William LeMessurier

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the defendants, as directors, permitted the use of a place as a hazardous waste facility without lawful authority
  2. 2 Factors relevant to sentencing for environmental offences, including objective seriousness, mental state, harm, financial gain, foreseeability, control, contrition, prior record, and capacity to pay fines

Ratio Decidendi

Jackson and LeMessurier, as directors of MRI (Aust) Pty Ltd, recklessly permitted the storage of hazardous waste in quantities exceeding regulatory thresholds at the Warwick Farm property without the required environment protection licence or development consent, in breach of s 144(1) of the Protection of the Environment Operations Act 1997, and are each to be convicted and penalised accordingly, including monetary penalties, costs orders, and publication orders, the penalties discounted for their pleas and reduced due to limited financial means.

Court Disposition

Conviction and sentence; monetary penalties and ancillary orders imposed on both defendants.

Orders

  • Conviction of Bruce Jackson for offence contrary to s 144(1) of the Protection of the Environment Operations Act 1997; pay $40,000 monetary penalty; 50% to EPA as moiety; pay 50% of EPA investigation costs ($14,399); pay EPA's professional costs as agreed or assessed; publish notice as specified in Inside Waste and...
  • Conviction of William LeMessurier for offence contrary to s 144(1) of the Protection of the Environment Operations Act 1997; pay $40,000 monetary penalty; 50% to EPA as moiety; pay 50% of EPA investigation costs ($14,399); pay EPA's professional costs as agreed or assessed; publish notice as specified in Inside...