Environment Protection Authority v Environmental Treatment Solutions Pty Ltd [2015] NSWLEC 160

Environment Protection Authority v Environmental Treatment Solutions Pty Ltd [2015] NSWLEC 160

ETS was convicted for contravening a licence condition under s 64(1) of the POEOA by failing to carry out licensed activities in a competent manner, which resulted in substantial but temporary harm to several employees. The harm, while inadvertent and not criminally negligent, was foreseeable, substantial, and avoidable had established procedures been followed. Considering all aggravating and mitigating factors, including a plea of guilty, remediation steps, and cooperation, a penalty of $67,000 was imposed with orders for costs.

Parties
Prosecutor: Environment Protection Authority; Defendant: Environmental Treatment Solutions Pty Ltd
Jurisdiction
Australia
Judgment Date
02 October 2015
Procedural Posture
Sentence / Judgment on Penalty and Orders Following Guilty Plea
Outcome
Defendant convicted; fine and costs ordered.
Legal Topics
Breach of Environmental Licence, Discharge of Hydrogen Sulphide, Environmental Harm, Sentencing, Objective Seriousness, Subjective Circumstances, Fine
Environmental Law Criminal Law Breach of Environmental Licence Discharge of Hydrogen Sulphide Environmental Harm Sentencing Objective Seriousness Subjective Circumstances +1 more

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Parties

Environment Protection Authority

Prosecutor

Environmental Treatment Solutions Pty Ltd

Defendant

Procedural Posture

Sentence / Judgment on Penalty and Orders Following Guilty Plea

Legal Issues

  1. 1 What is the appropriate penalty for breach of an environment protection licence condition resulting in the accidental discharge of hydrogen sulphide gas causing harm to humans?

Ratio Decidendi

ETS was convicted for contravening a licence condition under s 64(1) of the POEOA by failing to carry out licensed activities in a competent manner, which resulted in substantial but temporary harm to several employees. The harm, while inadvertent and not criminally negligent, was foreseeable, substantial, and avoidable had established procedures been followed. Considering all aggravating and mitigating factors, including a plea of guilty, remediation steps, and cooperation, a penalty of $67,000 was imposed with orders for costs.

Court Disposition

Defendant convicted; fine and costs ordered.

Orders

  • The defendant is convicted as charged.
  • The defendant is fined $67,000.