Environment Protection Authority v D F Herbert Pty Limited [2006] NSWLEC 575

Environment Protection Authority v D F Herbert Pty Limited [2006] NSWLEC 575

The defendant company breached a critical licence condition by accommodating in excess of the prescribed cattle limit in its feedlot, constituting a continuing offence under s 64 and s 241 of the Protection of the Environment Operations Act 1997. The breach was serious and wilful, aggravating culpability, and warranted a penalty calculated with regard to the period and degree of excedence, mitigated by cooperation, early guilty plea, and rectification of the offence.

Parties
Prosecutor: Environment Protection Authority; Defendant: D F Herbert Pty Limited
Jurisdiction
Australia
Judgment Date
21 August 2006
Procedural Posture
Prosecution / Judgment
Outcome
conviction and sentence
Legal Topics
Breach of Pollution Licence, Feedlot Operation, Penalty Calculation, Odour Emission
Environmental Law Criminal Law Breach of Pollution Licence Feedlot Operation Penalty Calculation Odour Emission

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Environment Protection Authority

Prosecutor

D F Herbert Pty Limited

Defendant

Procedural Posture

Prosecution / Judgment

Legal Issues

  1. 1 Whether D F Herbert Pty Limited breached conditions of its pollution licence by accommodating more than 4000 cattle in its feedlot.
  2. 2 Whether the offence constituted a continuing offence and the appropriate penalty calculation.
  3. 3 Assessment of harm, mitigation, and culpability.

Ratio Decidendi

The defendant company breached a critical licence condition by accommodating in excess of the prescribed cattle limit in its feedlot, constituting a continuing offence under s 64 and s 241 of the Protection of the Environment Operations Act 1997. The breach was serious and wilful, aggravating culpability, and warranted a penalty calculated with regard to the period and degree of excedence, mitigated by cooperation, early guilty plea, and rectification of the offence.

Court Disposition

conviction and sentence

Orders

  • Conviction of D F Herbert Pty Limited for breach of the pollution licence.
  • Imposition of penalty of $80,000.