Eurobodalla Shire Council v Tip It Today Broulee Pty Ltd [2007] NSWLEC 274

Eurobodalla Shire Council v Tip It Today Broulee Pty Ltd [2007] NSWLEC 274

Given the absence of environmental harm, early guilty plea, cooperation, good character, and limited financial means, but in view of the need for general deterrence, the appropriate penalty is a small fine and a publication order.

Parties
Prosecutor: Eurobodalla Shire Council; Defendant: Tip It Today Broulee Pty Ltd
Jurisdiction
Australia
Judgment Date
01 May 2007
Procedural Posture
Prosecution / Sentence
Outcome
conviction and fine
Legal Topics
Illegal Dumping, Waste Management, Sentencing, Mitigating Circumstances
Environmental Law Criminal Law Illegal Dumping Waste Management Sentencing Mitigating Circumstances

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Parties

Eurobodalla Shire Council

Prosecutor

Tip It Today Broulee Pty Ltd

Defendant

Procedural Posture

Prosecution / Sentence

Legal Issues

  1. 1 Appropriate penalty for unlawful transport of waste to unlicensed facility under POEO Act s143(1)
  2. 2 Consideration of mitigating factors in environmental sentencing
  3. 3 Application of general deterrence principles in environmental offences

Ratio Decidendi

Given the absence of environmental harm, early guilty plea, cooperation, good character, and limited financial means, but in view of the need for general deterrence, the appropriate penalty is a small fine and a publication order.

Court Disposition

conviction and fine

Orders

  • The Defendant is convicted of the offence charged.
  • The Defendant is fined $1,500 to be paid within 28 days.