Environment Protection Authority v Shoalhaven Starches Pty Ltd [2003] NSWLEC 107

Environment Protection Authority v Shoalhaven Starches Pty Ltd [2003] NSWLEC 107

The appropriate penalty for each environmental offence is determined by reference to the seriousness of the breach, actual harm caused (notably odour affecting neighbours), foreseeability, control and available mitigation, pattern of non-compliance, and steps taken to improve practices. Taking into account an early guilty plea (20% discount) and applying the totality principle, the penalties are set at $100,000 for the first offence and $60,000 for the second, with costs awarded to the prosecutor.

Jurisdiction
Australia
Judgment Date
21 May 2003
Procedural Posture
Prosecution for Environmental Offence / Sentence (judgment on Penalty After Guilty Plea)
Outcome
Defendant convicted and fined on both counts.
Legal Topics
['licence Conditions' 'odour Nuisance' 'penalty Assessment' 'prior Convictions' 'mitigation' 'totality Principle']
['environmental Law' 'criminal Law'] ['licence Conditions' 'odour Nuisance' 'penalty Assessment' 'prior Convictions' 'mitigation' 'totality Principle']

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Procedural Posture

Prosecution for Environmental Offence / Sentence (judgment on Penalty After Guilty Plea)

Legal Issues

  1. 1 ['What is the appropriate penalty for two counts of breaching a condition of an environment protection licence by causing ponding of wastewater, leading to odour?' 'What weight should be given to prior convictions and mitigation?' 'Does the totality principle require a reduction in aggregate penalty?']

Ratio Decidendi

The appropriate penalty for each environmental offence is determined by reference to the seriousness of the breach, actual harm caused (notably odour affecting neighbours), foreseeability, control and available mitigation, pattern of non-compliance, and steps taken to improve practices. Taking into account an early guilty plea (20% discount) and applying the totality principle, the penalties are set at $100,000 for the first offence and $60,000 for the second, with costs awarded to the prosecutor.

Court Disposition

Defendant convicted and fined on both counts.

Orders

  • ['Defendant convicted on each offence.' 'Fined $100,000 for first offence (50061 of 2002).' 'Fined $60,000 for second offence (50090 of 2002).' 'Fines to be paid to the Registrar of the Court within one month.' "Defendant to pay prosecutor's costs in the sum of $30,000." 'Exhibits may be returned.']