Environment Protection Authority v Sydney Water Corporation [2020] NSWLEC 153

Environment Protection Authority v Sydney Water Corporation [2020] NSWLEC 153

Sydney Water Corporation’s failure to implement a thorough manual clean-up before flushing untreated sewage with mains water, and prolonged inadequacy of clean-up, constituted a breach of its environment protection licence and unlawful pollution of water, each carrying high objective seriousness in the low range for environmental offences. Harm specifically attributable to the offences could not be precisely quantified beyond that caused by the initial overflow, but likely risk was sufficient for conviction. Applying prior case law, statutory factors, and the De Simoni principle, the penalties were set subject to discounts for early plea and mitigation, application of the totality...

Jurisdiction
Australia
Judgment Date
11 November 2020
Procedural Posture
Prosecution Sentencing / Sentence (post Guilty Plea)
Outcome
Sydney Water Corporation convicted of both offences; monetary penalties, environmental project order, publication order, payment of investigation and prosecutor costs, and moiety ordered.
Legal Topics
['pollution of Waters' 'sentencing for Environmental Offences' 'breach of Environment Protection Licence' 'objective Seriousness in Sentencing' 'penalty Orders' 'publication Orders']
['environmental Law' 'criminal Law'] ['pollution of Waters' 'sentencing for Environmental Offences' 'breach of Environment Protection Licence' 'objective Seriousness in Sentencing' 'penalty Orders' 'publication Orders']

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Procedural Posture

Prosecution Sentencing / Sentence (post Guilty Plea)

Legal Issues

  1. 1 ['Extent of environmental harm caused or likely to be caused by inaction and by flushing sewage into waters' 'Assessment of objective seriousness for strict liability environmental offences' 'Appropriate penalties and orders under the Protection of Environment Operations Act for water pollution and breach of licence' 'Application of the De Simoni principle to limit consideration of uncharged aggravating conduct']

Ratio Decidendi

Sydney Water Corporation’s failure to implement a thorough manual clean-up before flushing untreated sewage with mains water, and prolonged inadequacy of clean-up, constituted a breach of its environment protection licence and unlawful pollution of water, each carrying high objective seriousness in the low range for environmental offences. Harm specifically attributable to the offences could not be precisely quantified beyond that caused by the initial overflow, but likely risk was sufficient for conviction. Applying prior case law, statutory factors, and the De Simoni principle, the penalties were set subject to discounts for early plea and mitigation, application of the totality...

Court Disposition

Sydney Water Corporation convicted of both offences; monetary penalties, environmental project order, publication order, payment of investigation and prosecutor costs, and moiety ordered.

Orders

  • ['Sydney Water Corporation convicted of breach of s 64 and s 120(1) of the Protection of Environment Operations Act 1997 (NSW) as charged.' 'Pay $127,000 to NSW National Parks and Wildlife Service for Lane Cove National Park bush regeneration project within 28 days.' 'Pay $70,000 (Pollution Offence) and $75,000...