Environment Protection Authority v BlueScope Steel (AIS) Pty Limited [2004] NSWLEC 400

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v BlueScope Steel (AIS) Pty Limited [2004] NSWLEC 400 PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT BlueScope Steel (AIS) Pty Limited FILE NUMBER(S) : 50020 of 2004 CORAM: Talbot J KEY ISSUES: Prosecution :- plea of guilty - serious offence - aggravating and mitigating factors taken into account LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 21A(2), s 21A(3)(m) Protection of the Environment Operations Act 1997 s 64(1), s 241, s 241(1)(a), 241(1)(b), 241(1)(c), 241(1)(d), 241(2) CASES CITED: Environment Protection Authority v ADI Ltd [1999] NSWLEC 14, unreported DATES OF HEARING: 20/07/2004 DATE OF JUDGMENT: 07/27/2004

PROSECUTOR Mr D Jordan (Barrister) SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Ms J M Jagot (Barrister) SOLICITORS Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot J

Tuesday, 27 July 2004

50020 of 2004 Environment Protection Authority v BlueScope Steel (AIS) Pty Limited

JUDGMENT Introduction 1 Talbot J: BlueScope Steel (AIS) Pty Ltd ("BlueScope") is charged with an offence contrary to section 64(1) of the Protection of the Environment Operations Act 1997 ('the PEO Act") in that it was the holder of a licence, a condition of which was contravened on 14 March 2003. 2 Following an amendment to the summons on 19 May 2004, BlueScope entered a plea of guilty. 3 The condition contravened is condition O2.1(a), which provides as follows:- All plant and equipment installed at the premises or used in connection with the licensed activity: (a) must be maintained in a proper and efficient condition; and (b) … 4 BlueScope is a wholly owned subsidiary of BlueScope Steel Limited (ACN 000 011 058). On 17 November 2003, BHP Steel Ltd changed its name to BlueScope Steel Ltd. This meant BHP Steel (AIS) Pty Ltd also changed its name to BlueScope Steel (AIS) Pty Ltd. BlueScope, the defendant, operates Steelworks in the heavy industrial area of Port Kembla on a site occupying 742 hectares. 5 The allegation against the defendant is that it failed to maintain an electrical circuit breaker in a proper and efficient condition, thereby causing an arc flashover resulting in a severe voltage disturbance. Furthermore, it failed to keep six of the batteries supplying power to the Uninterruptible Power Supply ("the UPS") associated with coke oven batteries in a proper and efficient condition, thereby failing to ensure the UPS would work as required. 6 In 1995 and 1996, BlueScope replaced the pilot light system for the Coke Ovens bleeders with the installation of an electrical ignition system. The electrical power supply for the newly installed No. 4, 5 and 6 Coke Ovens bleeder igniters was connected to the UPS.