Environment Protection Authority v Coal and Allied Operations Pty Ltd [2013] NSWLEC 134

Environment Protection Authority v Coal and Allied Operations Pty Ltd [2013] NSWLEC 134

The Defendant is convicted and fined for pollution of waters in breach of s 120 of the Protection of the Environment Operations Act 1997. The offence, although unintentional and at the higher end of low objective seriousness, involved low actual and potential environmental harm and significant mitigating circumstances: early plea, remedial action, no prior convictions, remorse, good character, and cooperation. A fine of $45,000 (discounted by 25% for early plea) and additional orders are appropriate to meet the purposes of sentencing including general deterrence.

Jurisdiction
Australia
Judgment Date
16 August 2013
Procedural Posture
Criminal (environmental Offence) / Sentencing
Outcome
Conviction and fine; further orders for publication and costs
Legal Topics
['water Pollution' 'sentencing' 'strict Liability Offence']
['environmental Law' 'criminal Law'] ['water Pollution' 'sentencing' 'strict Liability Offence']

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

Criminal (environmental Offence) / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for Coal and Allied Operations Pty Ltd in relation to polluting waters contrary to s 120 of the Protection of the Environment Operations Act 1997?' 'What is the objective seriousness of the offence and what mitigating or aggravating factors are present?' 'What is the extent of environmental harm caused or likely to be caused by the offence?']

Ratio Decidendi

The Defendant is convicted and fined for pollution of waters in breach of s 120 of the Protection of the Environment Operations Act 1997. The offence, although unintentional and at the higher end of low objective seriousness, involved low actual and potential environmental harm and significant mitigating circumstances: early plea, remedial action, no prior convictions, remorse, good character, and cooperation. A fine of $45,000 (discounted by 25% for early plea) and additional orders are appropriate to meet the purposes of sentencing including general deterrence.

Court Disposition

Conviction and fine; further orders for publication and costs

Orders

  • ['Defendant convicted of offence against s 120 of the Protection of the Environment Operations Act 1997.' 'Defendant fined $45,000.' 'Defendant to publish a quarter-page notice within 21 days in designated newspapers and magazine.' 'Defendant to provide Prosecutor with proof of publication within 35 days.'...