State Pollution Control Commission v Metropolitan Collieries Limited [1989] NSWLEC 237

State Pollution Control Commission v Metropolitan Collieries Limited [1989] NSWLEC 237

The respondent deliberately placed material where it was likely to enter Camp Creek in breach of the Clean Waters Act, creating a serious risk of environmental damage, and knowingly ignored additional Clean Waters Licence conditions rather than exercising rights of appeal; penalties were therefore imposed, but because the proceedings involved nine charges with both convictions and acquittals and more time appeared to have been spent on dismissed charges, the appropriate costs order was no order as to costs.

Jurisdiction
Australia
Judgment Date
01 September 1989
Procedural Posture
Prosecution for Offences Under the Clean Waters Act / Penalty and Costs After Four Convictions and Five Acquittals
Outcome
Metropolitan Collieries Limited was convicted on four charges, acquitted on five charges, fined a total of $25,200, and no order was made as to costs.
Legal Topics
['clean Waters Act Offences' 'clean Waters Licence Conditions' 'environmental Harm Risk' 'sentencing' 'costs After Mixed Convictions and Acquittals']
['environmental Law' 'criminal Law'] ['clean Waters Act Offences' 'clean Waters Licence Conditions' 'environmental Harm Risk' 'sentencing' 'costs After Mixed Convictions and Acquittals']

Case Brief

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Procedural Posture

Prosecution for Offences Under the Clean Waters Act / Penalty and Costs After Four Convictions and Five Acquittals

Legal Issues

  1. 1 ["What penalties should be imposed for the respondent's four Clean Waters Act related offences." "Whether the respondent should pay the applicant's costs, the applicant should pay the respondent's costs on dismissed charges, or no order as to costs should be made."]

Ratio Decidendi

The respondent deliberately placed material where it was likely to enter Camp Creek in breach of the Clean Waters Act, creating a serious risk of environmental damage, and knowingly ignored additional Clean Waters Licence conditions rather than exercising rights of appeal; penalties were therefore imposed, but because the proceedings involved nine charges with both convictions and acquittals and more time appeared to have been spent on dismissed charges, the appropriate costs order was no order as to costs.

Court Disposition

Metropolitan Collieries Limited was convicted on four charges, acquitted on five charges, fined a total of $25,200, and no order was made as to costs.

Orders

  • ['For charge No 50036, Metropolitan Collieries Limited is fined $15,000.00.' 'For charge No 50035, Metropolitan Collieries Limited is fined $10,000.00.' 'For charges Nos 50034 and 50037, Metropolitan Collieries Limited is fined $100.00 each.' 'The amount of $25,200 being moneys ordered to be paid is to be paid to...