Environment Protection Authority v Caltex Refineries NSW Pty Limited [2008] NSWLEC 194

Environment Protection Authority v Caltex Refineries NSW Pty Limited [2008] NSWLEC 194

The penalty for breach of environment protection licence should be at the lower end of the scale where the harm is limited to amenity, was unprecedented and unforeseeable, the offender acted promptly to rectify and prevent recurrence, expressed contrition, pleaded guilty early, and agreed to pay costs, with no evidence of dangerous propensity in its prior record.

Parties
Prosecutor: Environment Protection Authority; Defendant: Caltex Refineries (NSW) Pty Limited
Jurisdiction
Australia
Judgment Date
04 July 2008
Procedural Posture
Criminal Prosecution / Sentencing After Guilty Plea
Outcome
Conviction recorded; monetary order instead of fine; costs awarded to prosecutor.
Legal Topics
Contravention of Environment Protection Licence, Emission of Offensive Odour, Sentencing Principles, Foreseeability of Environmental Harm, Corporate Penalties
Environmental Law Criminal Procedure Contravention of Environment Protection Licence Emission of Offensive Odour Sentencing Principles Foreseeability of Environmental Harm Corporate Penalties

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Parties

Environment Protection Authority

Prosecutor

Caltex Refineries (NSW) Pty Limited

Defendant

Procedural Posture

Criminal Prosecution / Sentencing After Guilty Plea

Legal Issues

  1. 1 What is the appropriate penalty for a breach of an environment protection licence by emission of offensive odour?
  2. 2 Was the harm caused by the emission of offensive odour foreseeable by the defendant?
  3. 3 What mitigating or aggravating factors are relevant in sentencing a corporation for such an offence?

Ratio Decidendi

The penalty for breach of environment protection licence should be at the lower end of the scale where the harm is limited to amenity, was unprecedented and unforeseeable, the offender acted promptly to rectify and prevent recurrence, expressed contrition, pleaded guilty early, and agreed to pay costs, with no evidence of dangerous propensity in its prior record.

Court Disposition

Conviction recorded; monetary order instead of fine; costs awarded to prosecutor.

Orders

  • The defendant is convicted of the offence as charged.
  • Pursuant to section 250(1)(e) of the Protection of the Environment Operations Act 1997, the defendant must pay $78,000 to the Parks and Wildlife Group of the Department of Environment and Climate Change for the implementation of the Weed Management Strategy for Towra Point Nature Reserve.