Environment Protection Authority v CPB Contractors Pty Limited [2019] NSWLEC 134

Environment Protection Authority v CPB Contractors Pty Limited [2019] NSWLEC 134

CPB Contractors Pty Limited, as the occupier of licensed premises, committed four strict liability offences against s 129(1) of the Protection of the Environment Operations Act 1997 by causing the emission of offensive odours on four dates, resulting in serious and foreseeable harm to the comfort, health and amenity of residents and others. The objective seriousness was high within the mid-range, reflecting the scope and persistence of harm, preventability, and CPB's control over causes. Taking into account CPB's guilty plea, cooperation, lack of prior convictions, good character, and remediation efforts, no fine was imposed; instead, payment to the Environmental Trust and publication and...

Parties
Prosecutor: Environment Protection Authority; Defendant: CPB Contractors Pty Limited
Jurisdiction
Australia
Judgment Date
25 September 2019
Procedural Posture
Criminal (environmental Prosecution) / Sentencing (with Convictions Entered)
Outcome
Defendant convicted on four counts under s 129(1); various non-monetary and monetary orders imposed in lieu of fines.
Legal Topics
Emission of Offensive Odour, Sentencing for Environmental Offences, Protection of the Environment Operations Act 1997, Environmental Harm, Corporate Offenders
Environmental Law Criminal Law Emission of Offensive Odour Sentencing for Environmental Offences Protection of the Environment Operations Act 1997 Environmental Harm Corporate Offenders

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Parties

Environment Protection Authority

Prosecutor

CPB Contractors Pty Limited

Defendant

Procedural Posture

Criminal (environmental Prosecution) / Sentencing (with Convictions Entered)

Legal Issues

  1. 1 Whether CPB Contractors Pty Limited committed four offences of causing the emission of an offensive odour from premises licensed for scheduled activities under s 129(1) of the Protection of the Environment Operations Act 1997
  2. 2 Objective and subjective seriousness of the offending
  3. 3 Appropriate penalty and orders under the POEO Act

Ratio Decidendi

CPB Contractors Pty Limited, as the occupier of licensed premises, committed four strict liability offences against s 129(1) of the Protection of the Environment Operations Act 1997 by causing the emission of offensive odours on four dates, resulting in serious and foreseeable harm to the comfort, health and amenity of residents and others. The objective seriousness was high within the mid-range, reflecting the scope and persistence of harm, preventability, and CPB's control over causes. Taking into account CPB's guilty plea, cooperation, lack of prior convictions, good character, and remediation efforts, no fine was imposed; instead, payment to the Environmental Trust and publication and...

Court Disposition

Defendant convicted on four counts under s 129(1); various non-monetary and monetary orders imposed in lieu of fines.

Orders

  • Conviction on four charges (Nos 18/129664–667) under s 129(1) POEO Act for emission of offensive odours on 27 April, 23 May, 26 May, and 9 June 2017
  • Defendant to pay $10,000 in investigation costs to the Prosecutor (s 248(1) POEO Act)