Environment Protection Authority v GrainCorp Operations Limited [2019] NSWLEC 143

Environment Protection Authority v GrainCorp Operations Limited [2019] NSWLEC 143

GrainCorp breached a fundamental condition of its environmental license by failing to calculate and control the emission rates of fumigants in a competent manner, as required under s 64(1) of the Protection of the Environment Operations Act 1997, due to a systematic calculation error. The offence, while inadvertent and causing minimal risk of harm with no actual environmental harm, involved a substantial number of contraventions. However, GrainCorp’s prompt remedial measures, full cooperation, early guilty plea, and lack of prior convictions warranted a penalty at the lower end of the scale.

Parties
Prosecutor: Environment Protection Authority; Defendant: GrainCorp Operations Limited
Jurisdiction
Australia
Judgment Date
01 October 2019
Procedural Posture
Criminal Environmental Prosecution / Sentencing After Plea of Guilty
Outcome
Conviction with monetary penalty and publication orders imposed
Legal Topics
Environmental Offences, Breach of License Condition, Sentencing, Objective Seriousness, Plea of Guilty, Publication Orders, Environmental Harm Assessment, Remedial Actions, Costs
Environmental Law Criminal Law Environmental Offences Breach of License Condition Sentencing Objective Seriousness Plea of Guilty Publication Orders +3 more

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Parties

Environment Protection Authority

Prosecutor

GrainCorp Operations Limited

Defendant

Procedural Posture

Criminal Environmental Prosecution / Sentencing After Plea of Guilty

Legal Issues

  1. 1 Whether GrainCorp failed to carry out licensed activities in a competent manner in breach of its environmental protection license condition under s 64(1) of the Protection of the Environment Operations Act 1997 by incorrectly calculating and exceeding emission rates for methyl bromide and phosphine;
  2. 2 Determining the objective seriousness of the environmental offence;
  3. 3 What penalty and remedial orders are appropriate given the circumstances, including mitigating factors and subjective considerations.

Ratio Decidendi

GrainCorp breached a fundamental condition of its environmental license by failing to calculate and control the emission rates of fumigants in a competent manner, as required under s 64(1) of the Protection of the Environment Operations Act 1997, due to a systematic calculation error. The offence, while inadvertent and causing minimal risk of harm with no actual environmental harm, involved a substantial number of contraventions. However, GrainCorp’s prompt remedial measures, full cooperation, early guilty plea, and lack of prior convictions warranted a penalty at the lower end of the scale.

Court Disposition

Conviction with monetary penalty and publication orders imposed

Orders

  • GrainCorp convicted of offence against s 64(1) of the Protection of the Environment Operations Act 1997;
  • Ordered to pay $40,200 to the Environmental Trust for general environmental purposes;