Environment Protection Authority v Davis [2019] NSWLEC 79

Environment Protection Authority v Davis [2019] NSWLEC 79

Mr Davis was convicted by operation of s 169(1) of the POEO Act as a person concerned in the management of a corporation that provided false or misleading information to the EPA. However, the evidence did not demonstrate, to the criminal standard, recklessness or criminal negligence in his failures of supervisory oversight; his culpability arose from a lack of due diligence rather than from deliberate or grossly careless conduct. The objective seriousness of the offences was at the high end of low, based primarily on undermining the efficacy of the regulatory system rather than demonstrable environmental harm. Taking account of his early plea, good character, lack of prior convictions,...

Parties
Prosecutor: Environment Protection Authority; Defendant: Gregory John Davis
Jurisdiction
Australia
Judgment Date
11 June 2019
Procedural Posture
Criminal Environmental Prosecution / Sentencing
Outcome
Defendant convicted on all five counts; monetary penalties imposed for each count; order for payment of agreed EPA costs; convictions entered.
Legal Topics
False or Misleading Information, Environment Protection Licences, Special Executive Liability, Sentencing
Environmental Law Criminal Law False or Misleading Information Environment Protection Licences Special Executive Liability Sentencing

Case Brief

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Parties

Environment Protection Authority

Prosecutor

Gregory John Davis

Defendant

Procedural Posture

Criminal Environmental Prosecution / Sentencing

Legal Issues

  1. 1 Whether Mr Davis, as general manager, was criminally negligent or reckless in failing to ensure accurate reporting to the EPA under the Protection of the Environment Operations Act 1997
  2. 2 Appropriate penalty for special executive liability offences arising from false information supplied under an environment protection licence

Ratio Decidendi

Mr Davis was convicted by operation of s 169(1) of the POEO Act as a person concerned in the management of a corporation that provided false or misleading information to the EPA. However, the evidence did not demonstrate, to the criminal standard, recklessness or criminal negligence in his failures of supervisory oversight; his culpability arose from a lack of due diligence rather than from deliberate or grossly careless conduct. The objective seriousness of the offences was at the high end of low, based primarily on undermining the efficacy of the regulatory system rather than demonstrable environmental harm. Taking account of his early plea, good character, lack of prior convictions,...

Court Disposition

Defendant convicted on all five counts; monetary penalties imposed for each count; order for payment of agreed EPA costs; convictions entered.

Orders

  • In summons no 18/145865, Gregory John Davis is convicted of the offence against s 66(2) of the Protection of the Environment Operations Act 1997 by reason of s 169(1); fined $10,000.
  • In summons no 18/145866, convicted by reason of s 169(1) of s 66(2); fined $500.