Environment Protection Authority v Austar Coal Mine Pty Ltd [2011] NSWLEC 252

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Austar Coal Mine Pty Ltd [2011] NSWLEC 252 Hearing dates: 12 December 2011 Decision date: 12 December 2011 Jurisdiction: Class 5 Before: Preston CJ Decision: See orders at [66] Catchwords: ENVIRONMENTAL OFFENCE - polluting waters - sentence - effluent seeped into creek - actual likely harm to environment low - risk of harm foreseeable and preventable - offence not committed negligently or recklessly - early guilty plea - contrition and remorse - assistance to authorities - offender to pay amount to specified organisation for specified project in lieu of fine - publication order Legislation Cited: Crimes (Sentencing Procedure) Act 1999 ss 3A, 21A Environment Protection and Biodiversity Conservation Act 1999 (Cth) Protection of the Environment Operations Act 1997 ss 120(1), 241(1), 244, 248, 250 Threatened Species Conservation Act 1995 Category: Sentence Parties: Environment Protection Authority (Prosecutor) Austar Coal Mine Pty Limited (ACN 111 910 822) (Defendant) Representation: Mr R Verzosa (Solicitor) (Prosecutor) Ms S A Duggan SC (Defendant) Office of Environment and Heritage (Prosecutor) Sparke Helmore Lawyers (Defendant) File Number(s): 50544 of 2011

Judgment 1Austar Coal Mine Pty Ltd ("Austar") has pleaded guilty to having committed an offence against s 120(1) of the Protection of the Environment Operations Act 1997 of polluting waters. A sentence hearing has been held. The facts relevant in sentencing are found in a statement of agreed facts and an affidavit of Mr McLean, the General Manager of Austar. 2The Court's task is now to determine and to impose an appropriate sentence for the offence.