Environment Protection Authority v Crush and Haul Pty Ltd; Environment Protection Authority v Cauchi [2022] NSWLEC 113

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Crush and Haul Pty Ltd; Environment Protection Authority v Cauchi [2022] NSWLEC 113 Hearing dates: 06 July 2022 Date of orders: 08 September 2022 Decision date: 08 September 2022 Jurisdiction: Class 5 Before: Preston CJ Decision: The Court makes the following orders: In proceedings 2021/224806 Environment Protection Authority v Luke Cauchi: (1) Luke Cauchi is convicted of the offence against s 169A(2) of the Protection of the Environment Operations Act 1997 as charged. (2) Luke Cauchi is fined $22,500. (3) Pursuant to s 122(2) of the Fines Act 1996, one half of the fine imposed by order (2) is to be paid to the Environment Protection Authority. (4) Pursuant to s 257B of the Criminal Procedure Act 1986, Luke Cauchi is to pay the Environment Protection Authority's costs as agreed or as may be determined under s 257G of the Criminal Procedure Act 1986. In proceedings 2021/224814 Environment Protection Authority v Crush and Haul Pty Ltd: (1) Crush and Haul Pty Ltd is convicted of the offence against s 48(2) of the Protection of the Environment Operations Act 1997 as charged. (2) Crush and Haul Pty Ltd is fined $225,000. (3) Pursuant to s 122(2) of the Fines Act 1996, one half of the fine imposed by order (2) is to be paid to the Environment Protection Authority. (4) Pursuant to s 257B of the Criminal Procedure Act 1986, Crush and Haul Pty Ltd is to pay the Environment Protection Authority's costs as agreed or as may be determined under s 257G of the Criminal Procedure Act 1986. In proceedings 2021/224806 and 2021/224814: (5) Pursuant to s 250(1)(a) of the Protection of the Environment Operations Act 1997, Mr Luke Cauchi and Crush and Haul Pty Ltd, at their own expense, are to: (a) Within 28 days of this order, cause a notice of a minimum size as close as practicable to 180cm2 to be published within the first 12 pages of the Quarry Magazine, Sydney Morning Herald, Daily Telegraph, Coffs Coast News of the Area and Northern Rivers Times with the text of such notice to be as set out in Annexure A to these orders; and (b) Within 42 days of the date of this order, provide to the Environment Protection Authority, a copy of the entire page of the Quarry Magazine, Sydney Morning Herald, Daily Telegraph, Coffs Coast News of the Area and Northern Rivers Times, on which the notice was published in accordance with paragraph (a) above. Catchwords: OFFENCES AND PENALTIES – sentence – liability of director for offence by corporation – executive liability offence – carrying on scheduled activity without environment protection licence – objective seriousness of offence – contrary to legislative objects and regulatory scheme – control over causes – offence in low range – subjective circumstances of offence – early guilty plea – lack of significant record of convictions – remorse – unlikely to reoffend – general deterrence – publication order – moiety of fine – costs OFFENCES AND PENALTIES – sentence – carrying on scheduled activity without environment protection licence – land-based extractive activity exceeding 30,000 tonnes – objective seriousness of offence – contrary to legislative objects and regulatory scheme – committed recklessly – control over causes – offence in the low-middle range – subjective circumstances of offender – early guilty plea – lack of significant record of convictions – remorse – general and specific deterrence – publication order – moiety of fine – costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 s 21A Criminal Procedure Act 1986 ss 257B, 257G Fines Act 1996 s 122 Protection of the Environment Operations Act 1997 ss 48, 169A, 241, 250, cl 19 of Schedule 1 Cases Cited: Bankstown City Council v Hanna (2014) 205 LGERA 39; [2014] NSWLEC 152 Boughey v The Queen (1986) 161 CLR 10 Chief Executive, Office of Environment and Heritage v Brummell (2019) 242 LGERA 241; [2019] NSWLEC 114 Director-General, Department of Environment and Climate Change v Rae (2009) 168 LGERA 121; [2009] NSWLEC 137 Environment Protection Authority v Ditchfield Contracting Pty Ltd [2018] NSWLEC 90 Environment Protection Authority v M A Roche Group Pty Ltd [2014] NSWLEC 114 Environment Protection Authority v M A Roche Group Pty Ltd [2015] NSWLEC 29 Environment Protection Authority v Rixa Quarries (No 2) Pty Ltd (No 2) [2017] NSWLEC 93 Environment Protection Authority v Wollondilly Abattoirs Pty Ltd & Davis [2019] NSWCCA 312 Environment Protection Authority v Wyanga Holdings Pty Ltd; Environment Protection Authority v Cauchi [2015] NSWLEC 78 Natural Resources Access Regulator v Tony Thompson [2022] NSWLEC 48 Plath v Rawson (2009) 170 LGERA 253; [2009] NSWLEC 178 Category: Principal judgment Parties: Environment Protection Authority (Prosecutor) Crush and Haul Pty Ltd (Defendant) Luke Cauchi (Defendant) Representation: Counsel: Ms G Marsden (Prosecutor) Mr D Randle (Defendants)