Environment Protection Authority v Nalco Australia Pty Ltd [2007] NSWLEC 831

Environment Protection Authority v Nalco Australia Pty Ltd [2007] NSWLEC 831

The offence was one of low criminality because no actual environmental harm was shown and the likely harm was minor and transient, but the risk was foreseeable and within the defendant's control because five valves were left open and no employee had checked them. Having regard to the increased maximum penalty, the need for general deterrence, the defendant's early guilty plea, cooperation, prompt clean-up, remorse, lack of prior similar convictions and remedial steps, it was appropriate to convict the defendant and make publication and environmental restoration payment orders under s 250 rather than impose a fine.

Jurisdiction
Australia
Judgment Date
18 September 2007
Procedural Posture
Environmental Offence Prosecution for Polluting Waters Contrary to S 120(1) of the Protection of the Environment Operations Act 1997 / Sentence After Guilty Plea
Outcome
Defendant convicted; publication order, environmental restoration payment order and costs order made.
Legal Topics
['pollution of Waters' 'strict Liability Environmental Offence' 'penalty' 'publication Order' 'environmental Restoration Payment']
['environmental Law' 'criminal Sentencing'] ['pollution of Waters' 'strict Liability Environmental Offence' 'penalty' 'publication Order' 'environmental Restoration Payment']

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Procedural Posture

Environmental Offence Prosecution for Polluting Waters Contrary to S 120(1) of the Protection of the Environment Operations Act 1997 / Sentence After Guilty Plea

Legal Issues

  1. 1 ["What penalty should be imposed for the defendant's offence of polluting waters under s 120(1) of the Protection of the Environment Operations Act 1997." 'Whether orders under s 250(1)(a) and s 250(1)(e) of the Protection of the Environment Operations Act 1997 should be made instead of a fine.']

Ratio Decidendi

The offence was one of low criminality because no actual environmental harm was shown and the likely harm was minor and transient, but the risk was foreseeable and within the defendant's control because five valves were left open and no employee had checked them. Having regard to the increased maximum penalty, the need for general deterrence, the defendant's early guilty plea, cooperation, prompt clean-up, remorse, lack of prior similar convictions and remedial steps, it was appropriate to convict the defendant and make publication and environmental restoration payment orders under s 250 rather than impose a fine.

Court Disposition

Defendant convicted; publication order, environmental restoration payment order and costs order made.

Orders

  • ['The defendant is convicted of the offence as charged.' 'Pursuant to s 250(1)(a) of the Protection of the Environment Operations Act 1997 (NSW) the defendant must cause a notice in the form annexed to the orders to be placed in the early general news section of The Southern Courier and The Sydney Morning Herald in...