Environment Protection Authority V Norco Co-Operative Ltd [2000] NSWLEC 35

Environment Protection Authority V Norco Co-Operative Ltd [2000] NSWLEC 35

The proceedings were authorised notwithstanding repeal because Interpretation Act 1987 s 30(1) preserved the Defendant's accrued liability and the power to institute proceedings and impose penalties. The admitted licence exceedances, particularly the BOD exceedances, were serious mid-range offences because breach of licence conditions is a breach of public trust, although environmental harm beyond minimal harm was not proved beyond reasonable doubt. The Defendant had relevant control over the causes of the offences. The totality principle applied to each set of three offences committed on the same day because each set arose from the same analysed sample, but not across the two dates...

Jurisdiction
Australia
Judgment Date
01 March 2000
Procedural Posture
Prosecution for Environmental Offences Under the Environmental Offences and Penalties Act 1989 Arising From Contraventions of Pollution Control Licence Conditions / Sentence Following Guilty Pleas to Six Charges
Outcome
Defendant convicted of all six offences; penalties totaling $60,000 imposed; Defendant ordered to pay Prosecutor's agreed costs of $7,000.
Legal Topics
['contravention of Pollution Control Licence Conditions' 'environmental Offences' 'savings and Transitional Provisions After Repeal' 'penalty Assessment' 'totality Principle' 'environmental Harm']
['environmental Law' 'criminal Sentencing'] ['contravention of Pollution Control Licence Conditions' 'environmental Offences' 'savings and Transitional Provisions After Repeal' 'penalty Assessment' 'totality Principle' 'environmental Harm']

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Procedural Posture

Prosecution for Environmental Offences Under the Environmental Offences and Penalties Act 1989 Arising From Contraventions of Pollution Control Licence Conditions / Sentence Following Guilty Pleas to Six Charges

Legal Issues

  1. 1 ['Whether proceedings for offences committed before repeal of the Environmental Offences and Penalties Act 1989 and Pollution Control Act 1970 could be instituted after commencement of the Protection of the Environment Operations Act 1997.' 'What penalty was appropriate for six admitted contraventions of pollution control licence conditions concerning BOD, NFR and pH limits.' 'Whether the offences were at the lower end or mid-range of seriousness.' 'Whether the totality principle should apply to all six offences or to each set of three offences committed on the same date.' 'Whether environmental harm beyond minimal harm was proved beyond reasonable doubt.']

Ratio Decidendi

The proceedings were authorised notwithstanding repeal because Interpretation Act 1987 s 30(1) preserved the Defendant's accrued liability and the power to institute proceedings and impose penalties. The admitted licence exceedances, particularly the BOD exceedances, were serious mid-range offences because breach of licence conditions is a breach of public trust, although environmental harm beyond minimal harm was not proved beyond reasonable doubt. The Defendant had relevant control over the causes of the offences. The totality principle applied to each set of three offences committed on the same day because each set arose from the same analysed sample, but not across the two dates...

Court Disposition

Defendant convicted of all six offences; penalties totaling $60,000 imposed; Defendant ordered to pay Prosecutor's agreed costs of $7,000.

Orders

  • ['The Defendant is convicted of all offences as charged.' 'In respect of the convictions in proceedings Nos 50061 of 1999 and 50062 of 1999, a penalty of $20,000 is imposed in respect of each of the two convictions.' 'In respect of the convictions in proceedings nos 50060 of 1999, 50063 of 1999, 50064 of 1999 and...