Environment Protection Authority v Ghossayn Group Pty Ltd; Environment Protection Authority v Ghossayn [2023] NSWLEC 127

Environment Protection Authority v Ghossayn Group Pty Ltd; Environment Protection Authority v Ghossayn [2023] NSWLEC 127

Ghossayn Group Pty Ltd and Mr George Ghossayn were convicted and fined for offences of unlawful waste transportation, pollution of land, unlawful disposal of asbestos waste, and supply of false or misleading information, as their conduct undermined environmental protection objectives, caused actual and potential harm, and was motivated by financial gain; mitigating factors (plea, remorse, assistance, good character) justified limited reduction in penalties.

Jurisdiction
Australia
Judgment Date
17 November 2023
Procedural Posture
Criminal Prosecution / Sentencing and Final Orders
Outcome
Convictions recorded, penalties imposed, costs and publication orders made.
Legal Topics
['waste Management Offences' 'unlawful Disposal of Asbestos' 'false Information Supply' 'sentencing Principles' 'pollution of Land' 'executive Liability']
['environmental Law' 'criminal Law'] ['waste Management Offences' 'unlawful Disposal of Asbestos' 'false Information Supply' 'sentencing Principles' 'pollution of Land' 'executive Liability']

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Procedural Posture

Criminal Prosecution / Sentencing and Final Orders

Legal Issues

  1. 1 ['Whether Ghossayn Group Pty Ltd and Mr George Ghossayn committed offences related to unlawful waste transportation and disposal, pollution of land, unlawful disposal of asbestos waste, and supply of false or misleading information about waste' 'Appropriate penalty for the offences under the Protection of the Environment Operations Act 1997']

Ratio Decidendi

Ghossayn Group Pty Ltd and Mr George Ghossayn were convicted and fined for offences of unlawful waste transportation, pollution of land, unlawful disposal of asbestos waste, and supply of false or misleading information, as their conduct undermined environmental protection objectives, caused actual and potential harm, and was motivated by financial gain; mitigating factors (plea, remorse, assistance, good character) justified limited reduction in penalties.

Court Disposition

Convictions recorded, penalties imposed, costs and publication orders made.

Orders

  • ["Ghossayn Group Pty Ltd convicted and fined (five offences, total $550,000); ordered to pay $14,468.60 investigation costs; pay prosecutor's professional costs; publication orders in specified media; half fines paid to prosecutor." "Mr George Ghossayn convicted and fined (four offences, total $132,625); pay...