Environment Protection Authority v Calleija; Environment Protection Authority v Budget Waste Recycling Pty Ltd [2024] NSWLEC 119

Environment Protection Authority v Calleija; Environment Protection Authority v Budget Waste Recycling Pty Ltd [2024] NSWLEC 119

The defendants knowingly and deliberately breached prevention notices issued under the Protection of the Environment Operations Act 1997 (NSW), constituting objectively serious or very serious continuing offences. The offences were committed for financial gain, and caused a real risk of environmental harm through increased waste volumes, fire risk, and reduced capacity for adequate waste screening. Sentences are imposed reflecting the gravity and extended period of offending, general deterrence, and taking mitigating factors of guilty pleas, remorse, and good character into account.

Parties
Prosecutor: Environment Protection Authority; Defendant: Budget Waste Recycling Pty Ltd; Defendant: Michael Joseph Calleija
Jurisdiction
Australia
Judgment Date
13 November 2024
Procedural Posture
Criminal Environmental Offence / Sentence
Outcome
Conviction and sentencing for three offences: Budget Waste Recycling Pty Ltd convicted and fined $234,000; Michael Calleija convicted and fined $25,000 and $75,000.
Legal Topics
Environmental Offences, Prevention Notice Compliance, Executive Liability, Sentencing, Continuing Offences
Environmental Law Criminal Law Environmental Offences Prevention Notice Compliance Executive Liability Sentencing Continuing Offences

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Parties

Environment Protection Authority

Prosecutor

Budget Waste Recycling Pty Ltd

Defendant

Michael Joseph Calleija

Defendant

Procedural Posture

Criminal Environmental Offence / Sentence

Legal Issues

  1. 1 Whether the defendants failed to comply with prevention notices under the Protection of the Environment Operations Act 1997 (NSW)
  2. 2 Whether Mr Calleija committed an executive liability offence under s 169A POEO Act
  3. 3 Proper penalty for continuing environmental offences for receipt of waste in contravention of statutory notices

Ratio Decidendi

The defendants knowingly and deliberately breached prevention notices issued under the Protection of the Environment Operations Act 1997 (NSW), constituting objectively serious or very serious continuing offences. The offences were committed for financial gain, and caused a real risk of environmental harm through increased waste volumes, fire risk, and reduced capacity for adequate waste screening. Sentences are imposed reflecting the gravity and extended period of offending, general deterrence, and taking mitigating factors of guilty pleas, remorse, and good character into account.

Court Disposition

Conviction and sentencing for three offences: Budget Waste Recycling Pty Ltd convicted and fined $234,000; Michael Calleija convicted and fined $25,000 and $75,000.

Orders

  • Budget Waste Recycling Pty Ltd convicted of continuing offence under s 97 POEO Act and fined $234,000.
  • Michael Calleija convicted of continuing offence under s 169A POEO Act and fined $25,000.