Environment Protection Authority v Wattke, Environment Protection Authority v Geerdink [2010] NSWLEC 24

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Wattke, Environment Protection Authority v Geerdink [2010] NSWLEC 24

PROSECUTOR Environment Protection Authority PARTIES : FIRST DEFENDANT Martin Wattke SECOND DEFENDANT Rene Geerdink

FILE NUMBER(S) : 50070 of 2008; 50071 of 2008; 50077 of 2008; 50078 of 2008

CORAM: Pain J

PROSECUTION :- guilty plea - sentence - unlicensed waste operations – negligent disposal of waste on rural property in course of company business of waste disposal – one defendant director of company - one defendant manager with control of daily operations - serious environmental harm from disposal of toxic waste on rural property - harm confined to property - harm foreseeable - aggravating factors – whether extracurial punishment – appropriate sentence substantial community service order and fine - consideration of defendants' means to pay – mitigating factors - late plea of guilty - defendants of good character - no prior convictions - substantial costs of prosecutor taken into account KEY ISSUES: PROSECUTION:- guilty plea - sentence – pollute waters - localised environmental harm - low to medium objective gravity - appropriate penalty - consideration of means to pay - mitigating factors - late plea of guilty - defendants of good character - no prior convictions - substantial costs of prosecutor taken into account

Bankruptcy Act 1966 (Cth) s 82(3) Crimes (Sentencing Procedure) Act 1999 s 3A, 5(1), 8, 9, 21A, 22, 66, 68, 69, 80, 86 Crimes (Sentencing Procedure) Regulation 2005 cl 15 Criminal Procedure Act 1986 s 257B LEGISLATION CITED: Environmental Offences & Penalties Act 1989 s 5(1) Environmental Planning and Assessment Act 1979 Fines Act 1996 s 6 Mental Health (Criminal Procedure) Act 1990 Protection of the Environment Operations Act 1997 s 3, 155(1), 115, 119, 120(1), 123, 169, 214(2), 241(1), 248