Environment Protection Authority v Snowy Hydro Ltd [2008] NSWLEC 264

Environment Protection Authority v Snowy Hydro Ltd [2008] NSWLEC 264

Snowy Hydro Ltd is convicted and fined for polluting waters during dam upgrade works, under s 120(1) of the Protection of the Environment Operations Act 1997. The offence is of moderate objective seriousness; there was minor, short-term harm over a short distance on an already degraded river. Snowy Hydro had contractual and practical control to prevent the offence and should have exercised closer supervision, but mitigating factors including cooperation, early guilty plea, and remorse warrant penalty reduction.

Parties
Prosecutor: Environment Protection Authority; Defendant: Snowy Hydro Ltd
Jurisdiction
Australia
Judgment Date
22 September 2008
Procedural Posture
Criminal / Sentencing
Outcome
conviction and fine
Legal Topics
Pollution, Waterways, Sentencing, Polluting Waters, Construction Works
Environmental Law Criminal Law Pollution Waterways Sentencing Polluting Waters Construction Works

Case Brief

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Parties

Environment Protection Authority

Prosecutor

Snowy Hydro Ltd

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether Snowy Hydro Ltd polluted waters contrary to s 120(1) of the Protection of the Environment Operations Act 1997
  2. 2 Factors to be considered in sentencing for environmental offences
  3. 3 Applicability of the De Simoni principle when sentencing for strict liability offences

Ratio Decidendi

Snowy Hydro Ltd is convicted and fined for polluting waters during dam upgrade works, under s 120(1) of the Protection of the Environment Operations Act 1997. The offence is of moderate objective seriousness; there was minor, short-term harm over a short distance on an already degraded river. Snowy Hydro had contractual and practical control to prevent the offence and should have exercised closer supervision, but mitigating factors including cooperation, early guilty plea, and remorse warrant penalty reduction.

Court Disposition

conviction and fine

Orders

  • The defendant is convicted of the offence as charged.
  • The defendant is fined the sum of $100,000.