NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Environment Protection Authority v Centennial Newstan Pty Ltd [2006] NSWLEC 732
PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Centennial Newstan Pty Ltd
FILE NUMBER(S) : 50010 of 2006
CORAM: Preston CJ
KEY ISSUES: Environmental Offences :- sentencing - pollute waters - overflow of sediment - laden waters into creek and bay - low environmental harm - conduct resulting in offence deliberate and negligent - harm foreseeable - practical measures could have been taken to prevent harm - control over causes - offence of medium objective seriousness - no prior convictions - prior good character - early plea of guilty - contrition and remorse - assistance to authorities - payment of prosecutor's costs - appropriate to make alternative order in lieu of fine - order to pay specified amount for purposes of a project for the restoration of the environment and publication order
LEGISLATION CITED: Protection of the Environment Operations Act 1997 s 120(1), s 193, s 241(1), s 241(1)(a)-(e), s 244(2)-(3), s 250, s 250(1)(a), (c), (e)
Camilleri's Stockfeeds Pty Limited v Environment Protection Authority (1993) 32 NSWLR 683; CASES CITED: Environment Protection Authority v Barnes [2006] NSWCCA 246 (17 August 2006) ; Environment Protection Authority v Simplot Australia Pty Limited [2001] NSWLEC 264 (25 October 2001); Environment Protection Authority v Waste Recycling and Processing Corporation [2006] NSWLEC 419 (10 July 2006)
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