Environment Protection Authority v Cleanaway Equipment Services Pty Ltd [2022] NSWLEC 40

Environment Protection Authority v Cleanaway Equipment Services Pty Ltd [2022] NSWLEC 40

Cleanaway Equipment Services Pty Ltd was sentenced for three offences: causing water pollution on 14 May 2020 and 15 May 2020, and failing to immediately notify authorities of a notifiable pollution incident, all contrary to the Protection of the Environment Operations Act 1997 (NSW). Charges 1 and 3 involved significant discharges of solvent resulting in actual and potential harm to water and the aquatic ecosystem. Charge 2 involved a delay of approximately four hours in notification. The objective seriousness for Charges 1 and 3 was mid-range of medium, while Charge 2 was low range. The defendant's plea of guilty, contrition, co-operation, and remedial measures, as well as lack of prior...

Jurisdiction
Australia
Judgment Date
14 April 2022
Procedural Posture
Sentence / Judgment
Outcome
Defendant convicted on all charges and fined; orders for costs and publication made.
Legal Topics
['water Pollution' 'pollution Incident Notification' 'sentencing – Environmental Offences' 'corporate Liability' 'environmental Harm' 'remediation' 'failure to Notify' 'aggravating and Mitigating Factors']
['environmental Law' 'criminal Law'] ['water Pollution' 'pollution Incident Notification' 'sentencing – Environmental Offences' 'corporate Liability' 'environmental Harm' 'remediation' 'failure to Notify' 'aggravating and Mitigating Factors']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Sentence / Judgment

Legal Issues

  1. 1 ['What is the appropriate sentence for Cleanaway Equipment Services Pty Ltd for water pollution and failure to notify authorities under the POEO Act?' "To what degree did the defendant's conduct cause actual and potential environmental harm?" 'What objective and subjective factors aggravate or mitigate the penalty?']

Ratio Decidendi

Cleanaway Equipment Services Pty Ltd was sentenced for three offences: causing water pollution on 14 May 2020 and 15 May 2020, and failing to immediately notify authorities of a notifiable pollution incident, all contrary to the Protection of the Environment Operations Act 1997 (NSW). Charges 1 and 3 involved significant discharges of solvent resulting in actual and potential harm to water and the aquatic ecosystem. Charge 2 involved a delay of approximately four hours in notification. The objective seriousness for Charges 1 and 3 was mid-range of medium, while Charge 2 was low range. The defendant's plea of guilty, contrition, co-operation, and remedial measures, as well as lack of prior...

Court Disposition

Defendant convicted on all charges and fined; orders for costs and publication made.

Orders

  • ['Defendant convicted for offence against s 152 of the POEO Act (Charge 2) – fined $187,500.' 'Defendant convicted for offence against s 120(1) of the POEO Act (Charge 1) – fined $280,000.' 'Defendant convicted for offence against s 120(1) of the POEO Act (Charge 3) – fined $150,000.' "Defendant to pay Prosecutor's...