Connell v Santos NSW Pty Limited [2014] NSWLEC 1

Connell v Santos NSW Pty Limited [2014] NSWLEC 1

The defendant company, having pleaded guilty at the first opportunity to four strict liability environmental offences under s 136A(1) of the Petroleum (Onshore) Act 1991, and having provided post-offence assistance and remediation under new ownership, is appropriately sentenced by way of conviction and the imposition of fines at the lower end of the available range, subject to combined discounts for the plea and assistance. Orders for costs and the prosecutor's moiety also apply.

Parties
Prosecutor: Rachel Connell; Defendant: Santos NSW Pty Ltd
Jurisdiction
Australia
Judgment Date
10 January 2014
Procedural Posture
Prosecution for Environmental Offences (class 5) / Sentencing Following Guilty Plea
Outcome
Defendant convicted on all four charges under s 136A(1) Petroleum (Onshore) Act 1991. Fined a total of $52,500. Ordered to pay prosecutor's costs and moieties as described.
Legal Topics
Failure to Report Environmental Incident, Inaccurate Environmental Compliance Reporting, Sentencing Principles (environmental Offences)
Environmental Law Criminal Law Failure to Report Environmental Incident Inaccurate Environmental Compliance Reporting Sentencing Principles (environmental Offences)

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Parties

Rachel Connell

Prosecutor

Santos NSW Pty Ltd

Defendant

Procedural Posture

Prosecution for Environmental Offences (class 5) / Sentencing Following Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for breach of reporting obligations under Petroleum (Onshore) Act 1991
  2. 2 Assessment of objective and subjective seriousness of environmental offences
  3. 3 Discount for plea of guilty and cooperation with authorities

Ratio Decidendi

The defendant company, having pleaded guilty at the first opportunity to four strict liability environmental offences under s 136A(1) of the Petroleum (Onshore) Act 1991, and having provided post-offence assistance and remediation under new ownership, is appropriately sentenced by way of conviction and the imposition of fines at the lower end of the available range, subject to combined discounts for the plea and assistance. Orders for costs and the prosecutor's moiety also apply.

Court Disposition

Defendant convicted on all four charges under s 136A(1) Petroleum (Onshore) Act 1991. Fined a total of $52,500. Ordered to pay prosecutor's costs and moieties as described.

Orders

  • Matter 50435/2013: Conviction; fine $21,000; $10,500 to prosecutor under s 122 Fines Act 1996.
  • Matter 50436/2013: Conviction; fine $10,500; $5,250 to prosecutor under s 122 Fines Act 1996.