Environment Protection Authority v CSR Building Products Limited [2008] NSWLEC 224

Environment Protection Authority v CSR Building Products Limited [2008] NSWLEC 224

The offence arose from a mid-range Tier 2 water pollution incident caused by system failure and human error. Short term environmental harm resulted, mitigated by the absence of lasting harm, compensatory payments, steps taken by the defendant, and remorse. The penalty imposed reflects these factors, discounted for the plea of guilty and mitigating circumstances.

Parties
Prosecutor: Environment Protection Authority; Defendant: CSR Building Products Limited
Jurisdiction
Australia
Judgment Date
14 August 2008
Procedural Posture
Prosecution / Sentence (following Guilty Plea)
Outcome
No final orders made at this time; proposed fine and orders indicated, matter listed for mention for final orders.
Legal Topics
Water Pollution, Sentencing, Environmental Protection Offences
Environmental Law Criminal Law Water Pollution Sentencing Environmental Protection Offences

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Parties

Environment Protection Authority

Prosecutor

CSR Building Products Limited

Defendant

Procedural Posture

Prosecution / Sentence (following Guilty Plea)

Legal Issues

  1. 1 Appropriate penalty for polluting waters contrary to s.120(1) of the Protection of the Environment Operations Act 1997
  2. 2 Application of sentencing principles under the POEO Act and Crimes (Sentencing Procedure) Act 1999

Ratio Decidendi

The offence arose from a mid-range Tier 2 water pollution incident caused by system failure and human error. Short term environmental harm resulted, mitigated by the absence of lasting harm, compensatory payments, steps taken by the defendant, and remorse. The penalty imposed reflects these factors, discounted for the plea of guilty and mitigating circumstances.

Court Disposition

No final orders made at this time; proposed fine and orders indicated, matter listed for mention for final orders.

Orders

  • Proposed fine of $280,000 (discount applied); clean-up costs of $83,407.09; legal costs of $75,000 to be paid absent alternative s.250 order; final orders deferred pending further negotiation.