Environment Protection Authority v Camberwell Coal Pty Ltd [1999] NSWLEC 193

Environment Protection Authority v Camberwell Coal Pty Ltd [1999] NSWLEC 193

Because the defendant pleaded guilty to breaching the licence condition and the Court found that harm was likely to be caused to the environment, including nearby residences within the broad statutory meaning of environment, and because the breach was foreseeable and within the defendant's operational control, a conviction and fine were warranted, mitigated by the early plea, cooperation, remedial measures, agreement to investigate and potentially repair damage, and absence of prior environmental convictions.

Jurisdiction
Australia
Judgment Date
27 August 1999
Procedural Posture
Class 5 Summons for an Environmental Offence / Penalty After Guilty Plea
Outcome
Defendant convicted, fined and ordered to pay agreed prosecutor's costs.
Legal Topics
['noise Control' 'blasting Operations' 'breach of Licence Condition' 'meaning of Environment' 'environmental Harm' 'sentencing']
['environmental Law' 'criminal Law'] ['noise Control' 'blasting Operations' 'breach of Licence Condition' 'meaning of Environment' 'environmental Harm' 'sentencing']

Case Brief

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Procedural Posture

Class 5 Summons for an Environmental Offence / Penalty After Guilty Plea

Legal Issues

  1. 1 ['Whether contravention of licence condition A8 limiting blasting over pressure constituted an offence under the Environmental Offences and Penalties Act 1989.' 'Whether buildings occupied by human beings could be considered part of the environment for the purpose of assessing harm or likely harm under s 9(a) of the Environmental Offences and Penalties Act 1989.' "What penalty should be imposed having regard to likely environmental harm, practical measures to prevent harm, the defendant's control of operations, mitigation, guilty plea, cooperation and lack of prior environmental convictions."]

Ratio Decidendi

Because the defendant pleaded guilty to breaching the licence condition and the Court found that harm was likely to be caused to the environment, including nearby residences within the broad statutory meaning of environment, and because the breach was foreseeable and within the defendant's operational control, a conviction and fine were warranted, mitigated by the early plea, cooperation, remedial measures, agreement to investigate and potentially repair damage, and absence of prior environmental convictions.

Court Disposition

Defendant convicted, fined and ordered to pay agreed prosecutor's costs.

Orders

  • ['The defendant is convicted of the offence charged.' 'The defendant is fined the sum of $14,000.' "The defendant is to pay the prosecutor's costs agreed in the sum of $7,000." 'The exhibits be returned.']