Environment Protection Authority v Laison [2018] NSWLEC 76

Environment Protection Authority v Laison [2018] NSWLEC 76

The Defendant knowingly and deliberately supplied false weighbridge dockets to mislead others into believing that waste from 33 York Street had been lawfully disposed of at the Elizabeth Drive Landfill when it had instead been taken to an unauthorised property. The conduct undermined the waste regulatory system, created a real risk of environmental harm, was motivated primarily by financial gain, and required substantial general and specific deterrence. After considering the objective seriousness, subjective factors, and a 20% total discount including 15% for the plea, the appropriate penalty was $40,000 payable to the Environmental Trust, with agreed prosecution costs of $45,000.

Jurisdiction
Australia
Judgment Date
30 May 2018
Procedural Posture
Class 5 Environmental Offence Prosecution / Sentence After Plea of Guilty
Outcome
The Defendant was convicted and ordered to pay $40,000 to the Environmental Trust in lieu of a fine, and $45,000 for the Prosecutor's costs.
Legal Topics
['false or Misleading Information About Waste' 'waste Documentation' 'objective Seriousness' 'environmental Harm' 'general and Specific Deterrence' 'guilty Plea Discount' 'costs']
['environmental Law' 'criminal Sentencing'] ['false or Misleading Information About Waste' 'waste Documentation' 'objective Seriousness' 'environmental Harm' 'general and Specific Deterrence' 'guilty Plea Discount' 'costs']

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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 guilty plea to supplying false or misleading information about waste contrary to s 144AA(1) of the Protection of the Environment Operations Act 1997." 'Whether the offence was objectively serious, including the extent of environmental harm or likely harm and the undermining of the regulatory system.' 'What aggravating and mitigating circumstances applied, including financial motivation, prior record, remorse, prospects of rehabilitation and the guilty plea.' "Whether the Defendant should pay the Prosecutor's agreed costs and whether the financial penalty should be paid to the Environmental Trust."]

Ratio Decidendi

The Defendant knowingly and deliberately supplied false weighbridge dockets to mislead others into believing that waste from 33 York Street had been lawfully disposed of at the Elizabeth Drive Landfill when it had instead been taken to an unauthorised property. The conduct undermined the waste regulatory system, created a real risk of environmental harm, was motivated primarily by financial gain, and required substantial general and specific deterrence. After considering the objective seriousness, subjective factors, and a 20% total discount including 15% for the plea, the appropriate penalty was $40,000 payable to the Environmental Trust, with agreed prosecution costs of $45,000.

Court Disposition

The Defendant was convicted and ordered to pay $40,000 to the Environmental Trust in lieu of a fine, and $45,000 for the Prosecutor's costs.

Orders

  • ['The Defendant is convicted of the offence charged in the summons dated 30 November 2016.' 'In lieu of a fine, the Defendant is ordered, pursuant to s 250(1)(e) of the Protection of the Environment Operations Act 1997, to pay an amount of $40,000 to the Environmental Trust, established under the Environmental Trust...