Environment Protection Authority v Nulon Products Australia Pty Ltd [2015] NSWLEC 153

Environment Protection Authority v Nulon Products Australia Pty Ltd [2015] NSWLEC 153

The offence was assessed as being of moderate (mid-range) seriousness due to the widespread (though transient) human health and amenity impacts and foreseeability of risk, though mitigating factors including early guilty plea, contrition, reparation, steps to prevent recurrence, and lack of prior offences justified a reduced penalty. A monetary penalty of $120,000 was ordered, to be paid to the Environmental Trust, with additional publication and apology orders and payment of investigation and legal costs.

Parties
Prosecutor: Environment Protection Authority; Defendant: Nulon Products Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
28 September 2015
Procedural Posture
Criminal Prosecution for Environmental Offence / Sentencing After Guilty Plea
Outcome
Conviction; monetary penalty; additional orders
Legal Topics
Air Pollution, Failure to Comply With Environmental Licence, Sentencing for Environmental Offences, Objective and Subjective Seriousness, Corporate Contrition and Reparation
Environmental Law Criminal Law Sentencing Air Pollution Failure to Comply With Environmental Licence Sentencing for Environmental Offences Objective and Subjective Seriousness Corporate Contrition and Reparation

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Parties

Environment Protection Authority

Prosecutor

Nulon Products Australia Pty Ltd

Defendant

Procedural Posture

Criminal Prosecution for Environmental Offence / Sentencing After Guilty Plea

Legal Issues

  1. 1 Whether Nulon failed to operate plant and equipment in a proper and efficient manner in breach of its environment protection licence
  2. 2 The appropriate characterisation of the seriousness of the offence for sentencing under the Protection of the Environment Operations Act 1997 (NSW)
  3. 3 Assessment of environmental harm (actual and potential) and relevant mitigating/aggravating factors

Ratio Decidendi

The offence was assessed as being of moderate (mid-range) seriousness due to the widespread (though transient) human health and amenity impacts and foreseeability of risk, though mitigating factors including early guilty plea, contrition, reparation, steps to prevent recurrence, and lack of prior offences justified a reduced penalty. A monetary penalty of $120,000 was ordered, to be paid to the Environmental Trust, with additional publication and apology orders and payment of investigation and legal costs.

Court Disposition

Conviction; monetary penalty; additional orders

Orders

  • The Defendant is convicted of the offence as charged under s 64(1) Protection of the Environment Operations Act 1997.
  • The Defendant is to pay $120,000 to the Environmental Trust established under the Environmental Trust Act 1998 for general environmental purposes.