EPA v Incitec Ltd [2000] NSWLEC 217

EPA v Incitec Ltd [2000] NSWLEC 217

Incitec Ltd, having pleaded guilty to unlawfully discharging acidic waste into the Hunter River, is convicted and fined $25,000, with a sentencing discount reflecting the plea of guilty, contrition, cooperation, and given the limited and localised environmental harm caused.

Parties
Prosecutor: Environment Protection Authority; Defendant: Incitec Ltd
Jurisdiction
Australia
Judgment Date
20 October 2000
Procedural Posture
Criminal Prosecution / Sentence After Plea of Guilty
Outcome
Defendant convicted and fined
Legal Topics
Water Pollution, Environmental Harm, Sentencing, Corporate Liability
Environmental Law Criminal Law Water Pollution Environmental Harm Sentencing Corporate Liability

Case Brief

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Parties

Environment Protection Authority

Prosecutor

Incitec Ltd

Defendant

Procedural Posture

Criminal Prosecution / Sentence After Plea of Guilty

Legal Issues

  1. 1 What is the appropriate penalty for Incitec Ltd's offence of water pollution in breach of statutory requirements?
  2. 2 What is the extent of environmental harm caused and does it affect sentencing?
  3. 3 Is the defendant entitled to a sentencing discount for its plea of guilty and contrition?

Ratio Decidendi

Incitec Ltd, having pleaded guilty to unlawfully discharging acidic waste into the Hunter River, is convicted and fined $25,000, with a sentencing discount reflecting the plea of guilty, contrition, cooperation, and given the limited and localised environmental harm caused.

Court Disposition

Defendant convicted and fined

Orders

  • The defendant is convicted of the offence charged in the summons.
  • The defendant is fined $25,000, payable within 28 days.