Environment Protection Authority v Rixa Quarries (No.2) Pty Ltd (No 2) [2017] NSWLEC 93

Environment Protection Authority v Rixa Quarries (No.2) Pty Ltd (No 2) [2017] NSWLEC 93

The offence was at the high end of medium objective seriousness because the Defendant deliberately carried out land-based extractive activity involving processing more than 30,000 tonnes per year of sand without an EPL, in an important regulatory scheme, causing actual noise and air pollution and potential noise, air, water and soil pollution, for commercial gain. With no mitigating factors before the Court and with general and specific deterrence, accountability, denunciation and punishment required, a fine of $350,000, costs and publication orders were appropriate.

Jurisdiction
Australia
Judgment Date
27 July 2017
Procedural Posture
Class 5 Prosecution for an Offence Against S 48(2) of the Protection of the Environment Operations Act 1997 / Sentence After Conviction; Defendant Absent
Outcome
Defendant convicted of the offence against s 48(2) of the Protection of the Environment Operations Act 1997, fined $350,000, ordered to pay the Prosecutor's costs, and ordered to publish a notice.
Legal Topics
['carrying Out a Scheduled Activity Without an Environment Protection Licence' 'land Based Extractive Activity' 'sand Processing' 'objective Seriousness' 'environmental Harm' 'general Deterrence' 'specific Deterrence' 'publication Order' 'costs']
['environmental Law' 'criminal Sentencing'] ['carrying Out a Scheduled Activity Without an Environment Protection Licence' 'land Based Extractive Activity' 'sand Processing' 'objective Seriousness' 'environmental Harm' 'general Deterrence' 'specific Deterrence' 'publication Order' 'costs']

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Procedural Posture

Class 5 Prosecution for an Offence Against S 48(2) of the Protection of the Environment Operations Act 1997 / Sentence After Conviction; Defendant Absent

Legal Issues

  1. 1 ['What penalty should be imposed for carrying out a scheduled activity without an environment protection licence contrary to s 48(2) of the Protection of the Environment Operations Act 1997.' 'The extent of actual and potential environmental harm caused or likely to be caused by the offence.' 'Whether the offence was committed deliberately and for financial gain.' 'Whether general deterrence, specific deterrence, denunciation and retribution warranted a substantial fine.' 'Whether a publication order and costs order should be made.']

Ratio Decidendi

The offence was at the high end of medium objective seriousness because the Defendant deliberately carried out land-based extractive activity involving processing more than 30,000 tonnes per year of sand without an EPL, in an important regulatory scheme, causing actual noise and air pollution and potential noise, air, water and soil pollution, for commercial gain. With no mitigating factors before the Court and with general and specific deterrence, accountability, denunciation and punishment required, a fine of $350,000, costs and publication orders were appropriate.

Court Disposition

Defendant convicted of the offence against s 48(2) of the Protection of the Environment Operations Act 1997, fined $350,000, ordered to pay the Prosecutor's costs, and ordered to publish a notice.

Orders

  • ['The Defendant is convicted of the offence against s 48(2) of the Protection of the Environment Operations Act 1997 in that it was the occupier of premises at which a scheduled activity was carried out when it did not hold an environment protection licence that authorised that activity to be carried on at the...