Environment Protection Authority v Ridley AgriProducts Pty Limited [2019] NSWLEC 119

Environment Protection Authority v Ridley AgriProducts Pty Limited [2019] NSWLEC 119

Ridley AgriProducts Pty Limited was convicted on two charges of breaching s 64(1) of the Protection of the Environment Operations Act 1997 (NSW) by failing to operate a pump properly, resulting in wastewater discharges. The first offence caused actual environmental harm, the second had potential for harm. Each offence was of low to mid-level objective seriousness. Substantial mitigating factors (early guilty plea, contrition, remediation, cooperation, no prior history) justified reducing the penalties by 25%. Penalties, in lieu of fines, were ordered to be paid to the Environmental Trust, with additional orders for costs and publication.

Jurisdiction
Australia
Judgment Date
23 August 2019
Procedural Posture
Sentence / Sentence Hearing and Final Orders
Outcome
Conviction on both charges; monetary penalties replaced with payments to the Environmental Trust; orders for costs and publication.
Legal Topics
['environmental Offences' 'sentencing' 'breach of Licence Condition' 'pollution' 'mitigation and Aggravation' 'strict Liability Offence']
['environmental Law' 'criminal Law'] ['environmental Offences' 'sentencing' 'breach of Licence Condition' 'pollution' 'mitigation and Aggravation' 'strict Liability Offence']

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Procedural Posture

Sentence / Sentence Hearing and Final Orders

Legal Issues

  1. 1 ['What is the appropriate sentence for two offences under s 64(1) of the Protection of the Environment Operations Act 1997 (NSW) relating to breaches of licence conditions by failing to operate a pump in a proper and efficient manner, resulting in wastewater discharges into Dalgetys Creek?' 'Did the breaches result in substantial environmental harm and what is the degree of objective seriousness?' 'What are the applicable mitigating and aggravating factors in sentencing?']

Ratio Decidendi

Ridley AgriProducts Pty Limited was convicted on two charges of breaching s 64(1) of the Protection of the Environment Operations Act 1997 (NSW) by failing to operate a pump properly, resulting in wastewater discharges. The first offence caused actual environmental harm, the second had potential for harm. Each offence was of low to mid-level objective seriousness. Substantial mitigating factors (early guilty plea, contrition, remediation, cooperation, no prior history) justified reducing the penalties by 25%. Penalties, in lieu of fines, were ordered to be paid to the Environmental Trust, with additional orders for costs and publication.

Court Disposition

Conviction on both charges; monetary penalties replaced with payments to the Environmental Trust; orders for costs and publication.

Orders

  • ['Ridley AgriProducts Pty Limited convicted of two offences under s 64(1) of the Protection of the Environment Operations Act 1997 (NSW).' 'Payment of $52,500 per offence (total $105,000) to Environmental Trust in lieu of fine.' 'Payment of $40,000 per offence (total $80,000) in professional costs to the...