Environment Protection Authority v Incitec Ltd [2000] NSWLEC 18

Environment Protection Authority v Incitec Ltd [2000] NSWLEC 18

Incitec Ltd is convicted as it did not escape any of the relevant tests in s 9 of the Environmental Offences & Penalties Act; substantial mitigation warranted a penalty of 20% of the maximum.

Parties
Prosecutor: Environment Protection Authority; Defendant: Incitec Limited
Jurisdiction
Australia
Judgment Date
17 December 1999
Procedural Posture
Criminal Prosecution / Final Judgment
Outcome
convicted and fined
Legal Topics
Environmental Offences, Air Pollution, Mitigation
Environmental Law Environmental Offences Air Pollution Mitigation

Case Brief

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Parties

Environment Protection Authority

Prosecutor

Incitec Limited

Defendant

Procedural Posture

Criminal Prosecution / Final Judgment

Legal Issues

  1. 1 Whether Incitec Ltd committed an environmental offence involving an ammonia gas discharge.
  2. 2 Appropriate penalty for air pollution event with environmental harm.

Ratio Decidendi

Incitec Ltd is convicted as it did not escape any of the relevant tests in s 9 of the Environmental Offences & Penalties Act; substantial mitigation warranted a penalty of 20% of the maximum.

Court Disposition

convicted and fined

Orders

  • The defendant is convicted of the offence with which it is charged.
  • The defendant is fined an amount of $25,000, payable within 28 days of today's date.