Environment Protection Authority v Hochtief AG and Thiess Pty Limited [2007] NSWLEC 177

Environment Protection Authority v Hochtief AG and Thiess Pty Limited [2007] NSWLEC 177

The offence was of moderate objective seriousness with substantial mitigation but also a relevant prior conviction; a total fine of $45,000, apportioned equally between defendants, is appropriate, together with orders for publication and costs, considering deterrence, remorse, remedial steps, and the utility of the guilty plea.

Parties
Prosecutor: Environment Protection Authority; Defendant: Hochtief AG; Defendant: Thiess Pty Limited
Jurisdiction
Australia
Judgment Date
05 April 2007
Procedural Posture
Prosecution / Sentence
Outcome
Defendants convicted; fines imposed; orders for costs and publication made
Legal Topics
Polluting Waters, Sentencing, Mitigating Circumstances, Environmental Offences
Environmental Law Criminal Law Polluting Waters Sentencing Mitigating Circumstances Environmental Offences

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Parties

Environment Protection Authority

Prosecutor

Hochtief AG

Defendant

Thiess Pty Limited

Defendant

Procedural Posture

Prosecution / Sentence

Legal Issues

  1. 1 Determination of sentence for joint venture partners pleading guilty to polluting waters under s 120(1) Protection of the Environment Operations Act 1997
  2. 2 Consideration of prior convictions as an aggravating factor
  3. 3 Assessment of mitigating circumstances and practical measures taken

Ratio Decidendi

The offence was of moderate objective seriousness with substantial mitigation but also a relevant prior conviction; a total fine of $45,000, apportioned equally between defendants, is appropriate, together with orders for publication and costs, considering deterrence, remorse, remedial steps, and the utility of the guilty plea.

Court Disposition

Defendants convicted; fines imposed; orders for costs and publication made

Orders

  • Defendant Hochtief AG convicted; fined $22,500; to pay prosecutor's costs of $12,000; to publish notice in Sydney Morning Herald; exhibits returned.
  • Defendant Thiess Pty Limited convicted; fined $22,500; to pay prosecutor's costs of $12,000; to publish notice in Sydney Morning Herald; exhibits returned.