Environment Protection Authority v Sydney Water Corporation [2019] NSWLEC 100

Environment Protection Authority v Sydney Water Corporation [2019] NSWLEC 100

Sydney Water Corporation was sentenced having pleaded guilty to two offences of polluting waters and one offence of breaching its licence, following extensive sewage discharge events caused by failures in risk assessment, monitoring, and management during maintenance works at SWSOOS1. The court held the offences were of moderate to high objective seriousness due to the scale, duration, and environmental harm, with Sydney Water's prior conviction an aggravating factor. Despite mitigation—including early plea, cooperation, substantial post-incident reforms, and good character—the total penalty was set at $269,500. Orders for publication and payments for environmental restoration and costs...

Jurisdiction
Australia
Judgment Date
16 July 2019
Procedural Posture
Criminal (environmental Prosecution) / Sentencing Judgment After Guilty Plea
Outcome
Sydney Water Corporation convicted on all three counts; monetary penalties imposed; orders for publication and payments to restoration projects and Environmental Trust; costs awarded to EPA.
Legal Topics
['water Pollution' 'breach of Environment Protection License' 'environmental Offences' 'sentencing Principles' 'assessment of Environmental Harm']
['environmental Law' 'criminal Law'] ['water Pollution' 'breach of Environment Protection License' 'environmental Offences' 'sentencing Principles' 'assessment of Environmental Harm']

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Procedural Posture

Criminal (environmental Prosecution) / Sentencing Judgment After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed on Sydney Water Corporation for two offences of polluting waters contrary to s 120(1) of the Protection of the Environment Operations Act 1997 (POEOA) and one offence of breaching its environmental protection license contrary to s 64(1) POEOA?' 'What is the objective seriousness of the offences and the extent of environmental harm?' 'What application does the De Simoni principle have to consideration of criminal negligence?' 'What mitigating or aggravating factors should affect the penalty imposed?']

Ratio Decidendi

Sydney Water Corporation was sentenced having pleaded guilty to two offences of polluting waters and one offence of breaching its licence, following extensive sewage discharge events caused by failures in risk assessment, monitoring, and management during maintenance works at SWSOOS1. The court held the offences were of moderate to high objective seriousness due to the scale, duration, and environmental harm, with Sydney Water's prior conviction an aggravating factor. Despite mitigation—including early plea, cooperation, substantial post-incident reforms, and good character—the total penalty was set at $269,500. Orders for publication and payments for environmental restoration and costs...

Court Disposition

Sydney Water Corporation convicted on all three counts; monetary penalties imposed; orders for publication and payments to restoration projects and Environmental Trust; costs awarded to EPA.

Orders

  • ['Sydney Water Corporation convicted of two offences under s 120(1) POEOA and one offence under s 64(1) POEOA.' 'Monetary penalties totalling $269,500 imposed: $175,000 (first offence), $52,500 (second offence), $42,000 (third offence, all after discounts/totality).' '$150,000 of penalty to be paid to Bayside...