Greater Taree City Council v Haritomeni Nominees Pty Limited [2004] NSWLEC 775

Greater Taree City Council v Haritomeni Nominees Pty Limited [2004] NSWLEC 775

The defendant is convicted under s 120 of the Protection of the Environment Operations Act 1997 for polluting waters, with the gravity and culpability regarded at the lower end of the spectrum due to inadvertence, prior regulatory acceptance, lack of previous complaints or convictions, early plea, and full cooperation, warranting a substantial penalty reduction but not unconditional discharge.

Jurisdiction
Australia
Judgment Date
17 May 2004
Procedural Posture
Prosecution / Sentence
Outcome
Conviction with fine and costs order
Legal Topics
['water Pollution' 'discharge of Effluent' 'mitigating Factors in Sentencing' 'pollution Offences']
['environmental Law'] ['water Pollution' 'discharge of Effluent' 'mitigating Factors in Sentencing' 'pollution Offences']

Case Brief

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Procedural Posture

Prosecution / Sentence

Legal Issues

  1. 1 ['Whether the defendant committed an offence under s 120 of the Protection of the Environment Operations Act 1997 by polluting waters' 'Appropriate penalty having regard to harm, culpability, and mitigating and extenuating circumstances']

Ratio Decidendi

The defendant is convicted under s 120 of the Protection of the Environment Operations Act 1997 for polluting waters, with the gravity and culpability regarded at the lower end of the spectrum due to inadvertence, prior regulatory acceptance, lack of previous complaints or convictions, early plea, and full cooperation, warranting a substantial penalty reduction but not unconditional discharge.

Court Disposition

Conviction with fine and costs order

Orders

  • ['The Defendant is convicted of the offence as charged.' 'A penalty of $18,000 is imposed in respect of that conviction.' "The Defendant is to pay the Prosecutor's costs in the agreed sum of $30,000." 'The exhibits, except for Exhibit 1 which is the Statement of Agreed Facts, should be returned.']