Environment Protection Authority v Zoya Investments Pty Ltd [2022] NSWLEC 149

Environment Protection Authority v Zoya Investments Pty Ltd [2022] NSWLEC 149

Zoya Investments Pty Ltd is responsible for the contamination under s 6(1)(d)(i) of the CLM Act, having generated or consumed the substances causing contamination as operator of a service station. Accordingly, the higher maximum penalty applies under s 14(6)(a). The objective seriousness of the offence is toward the upper end of the low range, warranting a primary penalty of $180,000 and a daily penalty for the continuing breach, moderated to $140,000 for totality and accumulation. A 10% discount is applied for the late guilty plea. Orders include costs, a moiety of fines payable to the Prosecutor, and a publication order.

Jurisdiction
Australia
Judgment Date
16 December 2022
Procedural Posture
Sentencing for Environmental Offence / Judgment and Orders
Outcome
Conviction and fines imposed
Legal Topics
['sentencing for Breach of Management Order Under Contaminated Land Management Act' 'failure to Comply With Management Order' 'daily Penalty Imposition' 'application of Totality and Accumulation Principles' 'costs Orders' 'publication Order']
['environmental Law' 'criminal Law'] ['sentencing for Breach of Management Order Under Contaminated Land Management Act' 'failure to Comply With Management Order' 'daily Penalty Imposition' 'application of Totality and Accumulation Principles' 'costs Orders' 'publication Order']

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Procedural Posture

Sentencing for Environmental Offence / Judgment and Orders

Legal Issues

  1. 1 ['Whether the defendant is responsible for the contamination under s 6 of the CLM Act and thus subject to the higher maximum penalty' 'Appropriate starting penalty for breach under s 14(6)(a) of the CLM Act' 'Imposition and quantum of daily penalty for continuing offence' 'Discount for guilty plea and timing thereof' 'Consideration of totality and accumulation of penalties' 'Ordering moiety of fines and costs' 'Making of publication order']

Ratio Decidendi

Zoya Investments Pty Ltd is responsible for the contamination under s 6(1)(d)(i) of the CLM Act, having generated or consumed the substances causing contamination as operator of a service station. Accordingly, the higher maximum penalty applies under s 14(6)(a). The objective seriousness of the offence is toward the upper end of the low range, warranting a primary penalty of $180,000 and a daily penalty for the continuing breach, moderated to $140,000 for totality and accumulation. A 10% discount is applied for the late guilty plea. Orders include costs, a moiety of fines payable to the Prosecutor, and a publication order.

Court Disposition

Conviction and fines imposed

Orders

  • ['Zoya Investments Pty Ltd is convicted of a breach of s 14(6)(a) of the Contaminated Land Management Act 1997 for failing to comply with a Management Order by 18 September 2020.' 'The Defendant is fined $180,000.' 'In addition, Defendant is fined $140,000 for the period between 19 September 2020 and 6 September...