Environment Protection Authority v Peter Charles Attard [1999] NSWLEC 220

Environment Protection Authority v Peter Charles Attard [1999] NSWLEC 220

The offences were proved on the defendant's guilty pleas, but no conviction or penalty was warranted because the leak resulted from a breach in the dam wall of which the defendant was unaware, actual environmental harm was not established, the leak was scarcely foreseeable although environmental harm from escaping pollutants was foreseeable, the defendant had no prior environmental convictions, pleaded guilty early, cooperated, took remedial steps to prevent recurrence, did not act deliberately, and had limited means.

Jurisdiction
Australia
Judgment Date
03 September 1999
Procedural Posture
Environmental Offence Prosecution for Breaches of S 16(1) of the Clean Waters Act 1970 / Sentencing After Guilty Pleas
Outcome
Offences proved; no conviction recorded; defendant ordered to pay prosecutor's costs.
Legal Topics
['waste Water Disposal' 'water Pollution' 'environmental Offences' 'sentencing' 'no Conviction Order Under S 556 A']
['environmental Law' 'criminal Law'] ['waste Water Disposal' 'water Pollution' 'environmental Offences' 'sentencing' 'no Conviction Order Under S 556 A']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Environmental Offence Prosecution for Breaches of S 16(1) of the Clean Waters Act 1970 / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['Whether the defendant committed two offences under s 16(1) of the Clean Waters Act 1970 by permitting polluted waste water to escape from the site.' 'What penalty or order should be made after the defendant pleaded guilty to each charge.' 'Whether the circumstances justified an order under s 556A of the Crimes Act 1900 with no conviction recorded.']

Ratio Decidendi

The offences were proved on the defendant's guilty pleas, but no conviction or penalty was warranted because the leak resulted from a breach in the dam wall of which the defendant was unaware, actual environmental harm was not established, the leak was scarcely foreseeable although environmental harm from escaping pollutants was foreseeable, the defendant had no prior environmental convictions, pleaded guilty early, cooperated, took remedial steps to prevent recurrence, did not act deliberately, and had limited means.

Court Disposition

Offences proved; no conviction recorded; defendant ordered to pay prosecutor's costs.

Orders

  • ['In each case, the offences are found proved.' 'No conviction is to be recorded in respect of the offences.' 'The defendant is to pay the costs of the prosecutor amounting to $2,100.' 'The exhibits may be returned.']