Environment Protection Authority v Sydney Water Corporation [2021] NSWLEC 17

Environment Protection Authority v Sydney Water Corporation [2021] NSWLEC 17

Sydney Water Corporation is sentenced for two offences of polluting waters under s 120(1) Protection of the Environment Operations Act 1997 (NSW) during ‘dry weather’, after pleading guilty. While environmental harm occurred—actual, likely, and potential—the court is not satisfied that the harm caused by the relevant discharges was substantial given prior lawful pollution from a wet weather discharge. Both offences are assessed in the mid-range of objective seriousness (with the second at a lower level). Sydney Water’s prior convictions are an aggravating factor, but genuine remorse, early guilty plea, good corporate character, cooperation, and assistance to authorities are mitigating...

Parties
Prosecutor: Environment Protection Authority; Defendant: Sydney Water Corporation
Jurisdiction
Australia
Judgment Date
09 March 2021
Procedural Posture
Sentence Proceedings–prosecution for Environmental Offences / Sentencing Judgment Following Plea of Guilty
Outcome
Sydney Water Corporation convicted of two offences of water pollution. Monetary penalties imposed, funds directed to environmental projects, publication orders made, costs ordered.
Legal Topics
Water Pollution, Sentencing, Discharge of Sewage, Objective Seriousness of Offence, Environmental Harm, Prior Convictions for Environmental Offences
Environment and Planning Water Pollution Sentencing Discharge of Sewage Objective Seriousness of Offence Environmental Harm Prior Convictions for Environmental Offences

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Parties

Environment Protection Authority

Prosecutor

Sydney Water Corporation

Defendant

Procedural Posture

Sentence Proceedings–prosecution for Environmental Offences / Sentencing Judgment Following Plea of Guilty

Legal Issues

  1. 1 Determination of appropriate sentence for water pollution offences under section 120(1) Protection of the Environment Operations Act 1997 (NSW)
  2. 2 Assessment of objective seriousness including extent of environmental harm and foreseeability
  3. 3 Consideration of subjective circumstances including prior convictions and remorse

Ratio Decidendi

Sydney Water Corporation is sentenced for two offences of polluting waters under s 120(1) Protection of the Environment Operations Act 1997 (NSW) during ‘dry weather’, after pleading guilty. While environmental harm occurred—actual, likely, and potential—the court is not satisfied that the harm caused by the relevant discharges was substantial given prior lawful pollution from a wet weather discharge. Both offences are assessed in the mid-range of objective seriousness (with the second at a lower level). Sydney Water’s prior convictions are an aggravating factor, but genuine remorse, early guilty plea, good corporate character, cooperation, and assistance to authorities are mitigating...

Court Disposition

Sydney Water Corporation convicted of two offences of water pollution. Monetary penalties imposed, funds directed to environmental projects, publication orders made, costs ordered.

Orders

  • Conviction of Sydney Water Corporation for two offences against s 120(1) of the Protection of the Environment Operations Act 1997 (NSW).
  • Sydney Water Corporation to pay $97,175 to City of Parramatta Council for Parramatta River Fish Lift Refurbishment and Fish Habitat Improvement Proposal.