Environment Protection Authority v M A Roche Group Pty Ltd [2015] NSWLEC 29

Environment Protection Authority v M A Roche Group Pty Ltd [2015] NSWLEC 29

The Defendant deliberately contravened condition A1.2 of its environment protection licence by handling 62,475.11 tonnes of quarry material during the reporting period, more than double the 30,000 tonne limit. Although no actual environmental harm was proved, the breach created potential environmental harm, undermined the POEO Act regulatory scheme, involved foreseeable risks within the Defendant's control and produced financial gain. Taking account of low to moderate objective gravity, prior related offending requiring specific deterrence, general deterrence, the early guilty plea and co-operation, an undiscounted penalty of $80,000 was appropriate, discounted by 35% to $52,000.

Jurisdiction
Australia
Judgment Date
02 March 2015
Procedural Posture
Class 5 Environmental Offence Prosecution / Sentence After Plea of Guilty
Outcome
The Defendant was convicted and fined $52,000, and ordered to pay the Prosecutor's agreed legal costs of $9,750.65.
Legal Topics
['failure to Comply With Condition of Environment Protection Licence' 'quarry Output Exceeding Licensed Tonnage Limit' 'protection of the Environment Operations Act 1997 (nsw) S 64' 'environmental Harm and Regulatory Harm' 'early Plea of Guilty' 'prior Offences' 'capacity to Pay' 'deterrence']
['environmental Law' 'criminal Sentencing'] ['failure to Comply With Condition of Environment Protection Licence' 'quarry Output Exceeding Licensed Tonnage Limit' 'protection of the Environment Operations Act 1997 (nsw) S 64' 'environmental Harm and Regulatory Harm' 'early Plea of Guilty' 'prior Offences' 'capacity to Pay' 'deterrence']

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Procedural Posture

Class 5 Environmental Offence Prosecution / Sentence After Plea of Guilty

Legal Issues

  1. 1 ["What penalty should be imposed for the Defendant's contravention of a condition of its environment protection licence by handling more than 30,000 tonnes of material within a 12 month period." 'How the objective seriousness of the offence should be assessed having regard to potential environmental harm, regulatory harm, foreseeability, control, state of mind and financial gain.' 'What mitigating effect should be given to the early plea of guilty, co-operation and asserted impecuniosity.' 'What role prior offences and specific and general deterrence should play in fixing the fine.']

Ratio Decidendi

The Defendant deliberately contravened condition A1.2 of its environment protection licence by handling 62,475.11 tonnes of quarry material during the reporting period, more than double the 30,000 tonne limit. Although no actual environmental harm was proved, the breach created potential environmental harm, undermined the POEO Act regulatory scheme, involved foreseeable risks within the Defendant's control and produced financial gain. Taking account of low to moderate objective gravity, prior related offending requiring specific deterrence, general deterrence, the early guilty plea and co-operation, an undiscounted penalty of $80,000 was appropriate, discounted by 35% to $52,000.

Court Disposition

The Defendant was convicted and fined $52,000, and ordered to pay the Prosecutor's agreed legal costs of $9,750.65.

Orders

  • ['The Defendant is convicted of the offence as charged.' 'The Defendant is fined the sum of $52,000.' "The Defendant must pay the Prosecutor's legal costs agreed in the sum of $9,750.65." 'The Exhibits are to be retained.']