Environment Protection Authority v Laison [2015] NSWLEC 89

Environment Protection Authority v Laison [2015] NSWLEC 89

The defendant deliberately and for expected financial benefit caused waste containing asbestos to be transported and unlawfully dumped at an unlicensed property, in breach of s 143(1) of the Protection of the Environment Operations Act 1997 (NSW), at the high end of the medium range of seriousness, warranting a penalty adjusted for plea and limited by the parity principle to $63,000, as well as an order to pay $40,000 towards the prosecutor's costs.

Jurisdiction
Australia
Judgment Date
02 June 2015
Procedural Posture
Sentence / Sentencing Following Plea of Guilty
Outcome
Defendant convicted; fined; costs ordered
Legal Topics
['sentencing' 'environmental Offences' 'unlawful Waste Transport' 'asbestos Waste' 'objective and Subjective Seriousness' 'parity Principle' 'financial Penalty' 'deterrence']
['environmental Law' 'criminal Law'] ['sentencing' 'environmental Offences' 'unlawful Waste Transport' 'asbestos Waste' 'objective and Subjective Seriousness' 'parity Principle' 'financial Penalty' 'deterrence']

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Procedural Posture

Sentence / Sentencing Following Plea of Guilty

Legal Issues

  1. 1 ['What is the appropriate sentence for the offence of causing waste (including asbestos waste) to be transported to an unlicensed facility under s 143(1) Protection of the Environment Operations Act 1997 (NSW)?' "What is the level of objective seriousness of the offence, considering environmental harm, foreseeability, and the defendant's state of mind?" 'Should the parity principle affect the penalty imposed, given the sentencing of the co-offender?']

Ratio Decidendi

The defendant deliberately and for expected financial benefit caused waste containing asbestos to be transported and unlawfully dumped at an unlicensed property, in breach of s 143(1) of the Protection of the Environment Operations Act 1997 (NSW), at the high end of the medium range of seriousness, warranting a penalty adjusted for plea and limited by the parity principle to $63,000, as well as an order to pay $40,000 towards the prosecutor's costs.

Court Disposition

Defendant convicted; fined; costs ordered

Orders

  • ['The Defendant is convicted of the offence as charged.' "The Defendant is fined $63,000 to be paid to the Registrar of the Court within 28 days of today's date." "The Defendant must pay $40,000 towards the Prosecutor's costs by way of twelve equal monthly instalments of $3,333.33 commencing 28 days after this...