Environment Protection Authority v Illawarra Coke Company Pty Limited [2002] NSWLEC 21

Environment Protection Authority v Illawarra Coke Company Pty Limited [2002] NSWLEC 21

The defendant, as occupier of licensed premises, caused emission of offensive odours on three dates, unreasonably interfering with persons outside the premises in breach of s 129(1) of the Protection of the Environment Operations Act. Despite mitigating factors and efforts to address emissions, strict liability...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 February 2002
Procedural Posture
Prosecution / Sentence After Guilty Plea
Outcome
Conviction and fines imposed for each offence.
Legal Topics
['offensive Odour Emissions' 'environmental Offences' 'sentencing' 'totality Principle' 'mitigating Circumstances']
['environmental Law' 'criminal Law'] ['offensive Odour Emissions' 'environmental Offences' 'sentencing' 'totality Principle' 'mitigating Circumstances']

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Procedural Posture

Prosecution / Sentence After Guilty Plea

Legal Issues

  1. 1 ['Whether the defendant emitted offensive odours in contravention of s 129(1) of the Protection of the Environment Operations Act 1997' 'What penalty is appropriate having regard to the facts, seriousness, mitigating factors and the totality principle']

Ratio Decidendi

The defendant, as occupier of licensed premises, caused emission of offensive odours on three dates, unreasonably interfering with persons outside the premises in breach of s 129(1) of the Protection of the Environment Operations Act. Despite mitigating factors and efforts to address emissions, strict liability applies. Penalties reflect gravity, totality, discount for early plea and cooperation, and antecedents.

Court Disposition

Conviction and fines imposed for each offence.

Orders

  • ['The defendant is convicted of the offence in each matter.' 'In matter No 50074 of 2001 the defendant is fined the sum of $40,000.' 'In matter No 50075 of 2001 the defendant is fined the sum of $20,000.' 'In matter No 50076 of 2001 the defendant is fined the sum of $10,000.' "The defendant is ordered to pay the...