Environment Protection Authority v Maules Creek Coal Pty Ltd (No 3) [2024] NSWLEC 97

Environment Protection Authority v Maules Creek Coal Pty Ltd (No 3) [2024] NSWLEC 97

The defendant breached condition O1.1 of its environment protection licence by (a) programming blast timing at 0.8–1.5 ms/m, (b) using a stemming length of 3.0m deviating from the 3.5m standard, and (c) overloading approximately 19% of blast holes with explosives over 10% the designed amount; these actions did not meet the required standard of 'competent manner' having regard to environmental risk and potential impact, including on neighbouring mine personnel and the community, regardless of limit compliance at certain monitors. The emission of noise was also caused by failure to deal with explosives in a proper and efficient manner under s 140(1), evidenced by design and execution...

Parties
Prosecutor: Environment Protection Authority; Defendant: Maules Creek Coal Pty Ltd
Jurisdiction
Australia
Judgment Date
04 October 2024
Procedural Posture
Criminal Prosecution (environment and Planning) / Judgment on Liability/guilt, Orders for Sentence Listing
Outcome
Guilty verdicts for all charges; orders for sentence hearing
Legal Topics
Environmental Offences, Mining Regulation, Noise Pollution, Blasting Limits, Interpretation of Environment Protection Licences, Construction of Regulatory Conditions
Environment and Planning Law Criminal Law Environmental Offences Mining Regulation Noise Pollution Blasting Limits Interpretation of Environment Protection Licences Construction of Regulatory Conditions

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Parties

Environment Protection Authority

Prosecutor

Maules Creek Coal Pty Ltd

Defendant

Procedural Posture

Criminal Prosecution (environment and Planning) / Judgment on Liability/guilt, Orders for Sentence Listing

Legal Issues

  1. 1 Construction of s 64(1) of the Protection of the Environment Operations Act 1997 (NSW) (POEO Act) in relation to contravention of licence conditions
  2. 2 Meaning of 'carried out in a competent manner' in condition O1.1 of environment protection licence
  3. 3 Whether blast was carried out in a competent manner regarding timing, stemming length, and overloading

Ratio Decidendi

The defendant breached condition O1.1 of its environment protection licence by (a) programming blast timing at 0.8–1.5 ms/m, (b) using a stemming length of 3.0m deviating from the 3.5m standard, and (c) overloading approximately 19% of blast holes with explosives over 10% the designed amount; these actions did not meet the required standard of 'competent manner' having regard to environmental risk and potential impact, including on neighbouring mine personnel and the community, regardless of limit compliance at certain monitors. The emission of noise was also caused by failure to deal with explosives in a proper and efficient manner under s 140(1), evidenced by design and execution...

Court Disposition

Guilty verdicts for all charges; orders for sentence hearing

Orders

  • In proceedings 2021/234554 (timing charge), Maules Creek Coal Pty Ltd found guilty of offence against s 64(1) POEO Act. Proceedings listed for sentence directions.
  • In proceedings 2021/234556 (stemming length charge), Maules Creek Coal Pty Ltd found guilty of offence against s 64(1) POEO Act. Proceedings listed for sentence directions.