EPA v Emerald Peat Pty Ltd (In Liq) [1999] NSWLEC 147

EPA v Emerald Peat Pty Ltd (In Liq) [1999] NSWLEC 147

The defendant, by conducting peat mining operations which resulted in the discharge of clay-laden water into Wingecarribee Swamp and Reservoir over a continuous period from 4 August 1997 to 17 September 1997, caused physical and chemical changes in the waters contrary to s 16(1) and (7) of the Clean Waters Act 1970. The defendant acted in disregard of known risks and failed to take available remedial measures. The offending was found to be a continuing offence of significant seriousness, justifying substantial pecuniary penalties and an order for costs.

Jurisdiction
Australia
Judgment Date
10 June 1999
Procedural Posture
Prosecution for Environmental Offence / Judgment After Ex Parte Hearing Due to No Defence by Defendant
Outcome
Conviction; Fined with continuing penalty; Costs ordered against defendant
Legal Topics
['water Pollution' 'continuing Offences' 'sentencing Under Environmental Offences and Penalties Act']
['environmental Law' 'criminal Law'] ['water Pollution' 'continuing Offences' 'sentencing Under Environmental Offences and Penalties Act']

Case Brief

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Procedural Posture

Prosecution for Environmental Offence / Judgment After Ex Parte Hearing Due to No Defence by Defendant

Legal Issues

  1. 1 ['Whether the defendant polluted waters contrary to s 16(1) and (7) of the Clean Waters Act 1970 and committed a continuing offence under the Environmental Offences and Penalties Act 1989' 'Whether the discharge of turbid, clay-laden water into protected waters caused physical and chemical changes constituting pollution' 'Determination of appropriate penalties and costs']

Ratio Decidendi

The defendant, by conducting peat mining operations which resulted in the discharge of clay-laden water into Wingecarribee Swamp and Reservoir over a continuous period from 4 August 1997 to 17 September 1997, caused physical and chemical changes in the waters contrary to s 16(1) and (7) of the Clean Waters Act 1970. The defendant acted in disregard of known risks and failed to take available remedial measures. The offending was found to be a continuing offence of significant seriousness, justifying substantial pecuniary penalties and an order for costs.

Court Disposition

Conviction; Fined with continuing penalty; Costs ordered against defendant

Orders

  • ['Defendant convicted of the offence as charged.' 'Defendant to pay a fine of $85,000.' 'Defendant to pay an additional penalty of $3,000 per day for 44 days (a total of $132,000 for continuing offence).' 'Aggregate fine and continuing penalty: $217,000.' "Defendant to pay prosecutor's costs in the sum of $89,925."]