Environment Protection Authority v J K Williams Contracting Pty Limited [2001] NSWLEC 13

Environment Protection Authority v J K Williams Contracting Pty Limited [2001] NSWLEC 13

Despite the absence of actual environmental harm and prompt remediation, the defendant's grossly irresponsible conduct in depositing contaminated material on land intended for residential use warranted a significant penalty, with reduction for cooperation and early guilty plea.

Parties
Prosecutor: Environment Protection Authority; Defendant: J K Williams Contracting Pty Limited
Jurisdiction
Australia
Judgment Date
16 February 2001
Procedural Posture
Prosecution / Sentence After Guilty Plea
Outcome
conviction and fine
Legal Topics
Illegal Waste Disposal, Penalty Assessment, Site Remediation
Environmental Law Criminal Law Illegal Waste Disposal Penalty Assessment Site Remediation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Environment Protection Authority

Prosecutor

J K Williams Contracting Pty Limited

Defendant

Procedural Posture

Prosecution / Sentence After Guilty Plea

Legal Issues

  1. 1 What penalty is appropriate for the unlawful disposal of contaminated fill material on residential land in breach of waste legislation?

Ratio Decidendi

Despite the absence of actual environmental harm and prompt remediation, the defendant's grossly irresponsible conduct in depositing contaminated material on land intended for residential use warranted a significant penalty, with reduction for cooperation and early guilty plea.

Court Disposition

conviction and fine

Orders

  • The defendant be convicted of the offence as charged and fined the sum of $52,000.
  • The defendant is to pay the costs of the prosecutor in the agreed sum of $7,000 within four weeks of the date of this judgement.