Environment Protection Authority v Whitehaven Coal Mining Limited [2019] NSWLEC 27

Environment Protection Authority v Whitehaven Coal Mining Limited [2019] NSWLEC 27

The appropriate sentence for WCM's contravention is a fine of $38,500, discounted for mitigating factors including remorse, cooperation, an early guilty plea and good character; publication and costs orders are also appropriate, and the fine is to be paid to the Environmental Trust, reflecting the upper end of the lower range of objective seriousness due to the foreseeability and potential, but not actual, environmental harm.

Parties
Prosecutor: Environment Protection Authority; Defendant: Whitehaven Coal Mining Limited
Jurisdiction
Australia
Judgment Date
18 March 2019
Procedural Posture
Criminal Environmental Prosecution / Sentencing
Outcome
Conviction; fine imposed; publication and costs orders made.
Legal Topics
Environmental Offences, Sentencing Principles, Licensing Conditions, Publication Orders, Corporate Liability
Environmental Law Criminal Law Environmental Offences Sentencing Principles Licensing Conditions Publication Orders Corporate Liability

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Parties

Environment Protection Authority

Prosecutor

Whitehaven Coal Mining Limited

Defendant

Procedural Posture

Criminal Environmental Prosecution / Sentencing

Legal Issues

  1. 1 What is the appropriate penalty for Whitehaven Coal Mining Limited's breach of a condition of its environment protection licence at Rocglen Mine?
  2. 2 What is the objective and subjective seriousness of the offence under s 64(1) of the Protection of the Environment Operations Act 1997?
  3. 3 What publicity and ancillary orders are appropriate, including publication and costs orders?

Ratio Decidendi

The appropriate sentence for WCM's contravention is a fine of $38,500, discounted for mitigating factors including remorse, cooperation, an early guilty plea and good character; publication and costs orders are also appropriate, and the fine is to be paid to the Environmental Trust, reflecting the upper end of the lower range of objective seriousness due to the foreseeability and potential, but not actual, environmental harm.

Court Disposition

Conviction; fine imposed; publication and costs orders made.

Orders

  • WCM is convicted of the offence against s 64(1) of the Protection of the Environment Operations Act 1997.
  • WCM to pay $38,500 to the Environmental Trust within 28 days.