Blacktown City Council v Aland B & W Pty Ltd [2022] NSWLC 15

Local Court New South Wales

Medium Neutral Citation: Blacktown City Council v Aland B & W Pty Ltd [2022] NSWLC 15 Hearing dates: 8 July 2022 and 29 July 2022 Date of orders: 29 July 2022 Decision date: 29 July 2022 Jurisdiction: Criminal Before: van Zuylen LCM Decision: See paragraph [33] Catchwords: Criminal Law – pollute waters Legislation Cited: Protection of the Environment Operations Act 1997 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: R v Doan (2000) 50 NSWLR 115; [2000] NSWCCA 317 Environment Protection Authority v Gosford City Council (1997) 95 LGERA 338 Environment Protection Authority v Ravensworth Pty Ltd [2012] NSWLEC 222 Blacktown City Council v Danny Constructions (Unreported, Local Court of NSW, Robinson LCM, 28 May 2019) Blacktown City Council v Betacon Constructions Pty Ltd (Unreported, Local Court of NSW, Brown LCM, 24 October 2017) Environment Protection Authority v Tomingley Gold Operations Pty Ltd [2015] NSWLC 21 Fairfield City Council v Quality Handling Systems Pty Ltd [2013] NSWLC 7 Category: Sentence Parties: Blacktown City Council (Prosecutor) Aland B & W Pty Ltd (Defendant) Representation: Solicitors: Ms Sinclair for Blacktown City Council Mr Saleam for Aland B & W Pty Ltd File Number(s): 2022/123489

JUDGMENT 1. The defendant Aland B & W Pty Ltd has pleaded guilty to 2 charges of Pollute Waters pursuant to section 120 of the Protection of the Environment Operations Act 1997 (NSW). Sequence 1 occurred on or shortly before 2 July 2021 and Sequence 2 occurred shortly before 9 July 2021. 2. An offence under section 120 carries a maximum penalty for a corporation of $1,000,000 pursuant to section 123 of the Protection of the Environment Operations Act 1997. The maximum monetary penalty that can be imposed in the Local Court is $110,000. The principles stated by the Court of Criminal Appeal in R v Doan (2000) 50 NSWLR 115; [2000] NSWCCA 317 apply in that the jurisdictional maximum is not a maximum penalty for any offence triable within that jurisdiction. 3. The defendant's solicitor Mr Saleam, in an email dated 24 May 2022, advised that the Defendant would plead guilty to all sequences on 26 May 2022. That date was in fact the first mention date for the case. The first sentence date of 23 June 2022 was adjourned because the Defendant's solicitor had Covid. Sentencing submissions were heard on 8 July 2022. I am satisfied that the plea was entered at the earliest possible opportunity. I allow a 25% discount for the early plea of guilty. 4. The Protection of the Environment Operations Act 1997 (NSW) defines water pollution or pollution of waters to include placing any matter (whether solid, liquid or gaseous) in a position where it is washed, or likely to be washed into any drain, channel or gutter.