Environment Protection Authority v Yolarno Pty Limited [2004] NSWLEC 765

Environment Protection Authority v Yolarno Pty Limited [2004] NSWLEC 765

It is appropriate to make a restoration order requiring the defendant to carry out rehabilitation works on Ploughmans Creek, as agreed between the parties, with a specified monetary contribution, in lieu of imposing a fine for the environmental offence.

Jurisdiction
Australia
Judgment Date
16 August 2004
Procedural Posture
Criminal Prosecution / Penalty Determination and Orders Following Conviction
Outcome
restoration order made in lieu of fine; proceedings partly dismissed; costs order made
Legal Topics
['environmental Offences' 'penalties' 'restoration Orders']
['environmental Law'] ['environmental Offences' 'penalties' 'restoration Orders']

Case Brief

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Procedural Posture

Criminal Prosecution / Penalty Determination and Orders Following Conviction

Legal Issues

  1. 1 ['Appropriate penalty for environmental offence' 'Whether order under s 250(1)(c) Protection of the Environment Operations Act 1997 should be made in lieu of fine']

Ratio Decidendi

It is appropriate to make a restoration order requiring the defendant to carry out rehabilitation works on Ploughmans Creek, as agreed between the parties, with a specified monetary contribution, in lieu of imposing a fine for the environmental offence.

Court Disposition

restoration order made in lieu of fine; proceedings partly dismissed; costs order made

Orders

  • ['Proceedings 50108 and 50109 of 2003 are dismissed.' "Pursuant to s 250(1)(c) Protection of the Environment Operations Act 1997, defendant shall carry out environmental restoration project along Ploughman's Creek, Orange." 'Defendant shall ensure completion of works specified in Attachment B.' 'Defendant shall...