Stephen James Orr v Narrabri Coal Operations Pty Ltd; Stephen James Orr v Narrabri Coal Pty Ltd [2021] NSWLEC 85

Stephen James Orr v Narrabri Coal Operations Pty Ltd; Stephen James Orr v Narrabri Coal Pty Ltd [2021] NSWLEC 85

The appropriate sentences for the multiple contraventions of the Mining Act 1992 by Narrabri Coal Pty Ltd and Narrabri Coal Operations Pty Ltd were determined by reference to the objective seriousness of the offences (finding the access tracks offences at the lower end of medium seriousness, others lower); the environmental harm, which was minimal and not substantial; the strict (not negligent or reckless) nature of the offences; early pleas of guilty; substantial cooperation and assistance to authorities; genuine remorse; absence of prior convictions; low risk of reoffending; adoption of remedial measures. The totality principle required reduction of aggregate penalties to avoid...

Parties
Prosecutor: Stephen James Orr; Defendant: Narrabri Coal Operations Pty Ltd; Defendant: Narrabri Coal Pty Ltd
Jurisdiction
Australia
Judgment Date
13 August 2021
Procedural Posture
Prosecution Sentencing for Environmental Offences / Sentence
Outcome
Conviction, fines, and orders made as set out in judgment orders and annexure.
Legal Topics
Contravention of Mining Authorisation, Access Tracks Without Approval, Unapproved Drilling, Failure to Rehabilitate, Sentencing Principles, General and Specific Deterrence, Moiety of Fines, Publication Orders
Environmental Law Criminal Law (sentencing) Mining Law Contravention of Mining Authorisation Access Tracks Without Approval Unapproved Drilling Failure to Rehabilitate Sentencing Principles +3 more

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Parties

Stephen James Orr

Prosecutor

Narrabri Coal Operations Pty Ltd

Defendant

Narrabri Coal Pty Ltd

Defendant

Procedural Posture

Prosecution Sentencing for Environmental Offences / Sentence

Legal Issues

  1. 1 Appropriate sentence for contravention of s 378D of the Mining Act 1992
  2. 2 Objective seriousness of the offences
  3. 3 Degree and type of environmental harm caused or likely

Ratio Decidendi

The appropriate sentences for the multiple contraventions of the Mining Act 1992 by Narrabri Coal Pty Ltd and Narrabri Coal Operations Pty Ltd were determined by reference to the objective seriousness of the offences (finding the access tracks offences at the lower end of medium seriousness, others lower); the environmental harm, which was minimal and not substantial; the strict (not negligent or reckless) nature of the offences; early pleas of guilty; substantial cooperation and assistance to authorities; genuine remorse; absence of prior convictions; low risk of reoffending; adoption of remedial measures. The totality principle required reduction of aggregate penalties to avoid...

Court Disposition

Conviction, fines, and orders made as set out in judgment orders and annexure.

Orders

  • Convictions recorded for all offences per proceedings.
  • Fines imposed—Narrabri Coal Operations Pty Ltd: $240,000; Narrabri Coal Pty Ltd: $132,500.