Environment Protection Authority v Greater Taree City Council [2014] NSWLEC 88

Environment Protection Authority v Greater Taree City Council [2014] NSWLEC 88

The appropriate penalty for Greater Taree City Council’s admitted offence under s 120(1) of the Protection of the Environment Operations Act 1997 is a conviction, with an order to contribute $37,500 (in lieu of a fine) to an agreed environmental project, along with publication of the offence and payment of investigation and legal costs, having regard to the objective and subjective factors including the low level of environmental harm, acceptance of responsibility, absence of prior offences, and extensive remedial actions.

Jurisdiction
Australia
Judgment Date
30 June 2014
Procedural Posture
Criminal Environmental Prosecution / Sentence
Outcome
Convicted and sentenced – penalty by project contribution and orders made in lieu of fine.
Legal Topics
['water Pollution' 'sentencing Principles' 'environmental Protection' 'leachate Discharge' 'objective Seriousness' 'remedial Measures']
['environmental Law' 'criminal Law'] ['water Pollution' 'sentencing Principles' 'environmental Protection' 'leachate Discharge' 'objective Seriousness' 'remedial Measures']

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Procedural Posture

Criminal Environmental Prosecution / Sentence

Legal Issues

  1. 1 ["What is the appropriate penalty for the defendant's admitted offence of polluting waters contrary to s 120(1) of the Protection of the Environment Operations Act 1997?" 'What orders should the Court make pursuant to the Protection of the Environment Operations Act 1997 and associated sentencing legislation?']

Ratio Decidendi

The appropriate penalty for Greater Taree City Council’s admitted offence under s 120(1) of the Protection of the Environment Operations Act 1997 is a conviction, with an order to contribute $37,500 (in lieu of a fine) to an agreed environmental project, along with publication of the offence and payment of investigation and legal costs, having regard to the objective and subjective factors including the low level of environmental harm, acceptance of responsibility, absence of prior offences, and extensive remedial actions.

Court Disposition

Convicted and sentenced – penalty by project contribution and orders made in lieu of fine.

Orders

  • ['The defendant is convicted of the charged offence.' 'Pursuant to s 250(1)(c) of the Protection of the Environment Operations Act 1997, the defendant is to allocate $37,500 towards the Taree Urban Waterways Riparian Regeneration Project within 28 days (and to voluntarily top up to $50,000).' 'The defendant is to...