Environment Protection Authority v Pipeline Drillers Group Pty Ltd [2012] NSWLEC 18

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Pipeline Drillers Group Pty Ltd [2012] NSWLEC 18 Hearing dates: 2, 3 May 2011 Decision date: 20 February 2012 Jurisdiction: Class 5 Before: Craig J Decision: Proceedings 50036/10 1. The defendant is convicted of the offence against s 120(1) of the Protection of the Environment Operations Act 1997 as charged. 2. The defendant is fined the sum of $18,000. Proceedings 50037/10 3. The defendant is convicted of the offence against s 120(1) of the Protection of the Environment Operations Act 1997 as charged. 4. The defendant is fined the sum of $12,000. In respect of both offences 5. Within 28 days from the date of this order and at its expense, the defendant is to place a quarter page notice in the first six pages of the 'Port Macquarie News' newspaper and a third page notice in the 'Australian Pipeliner' in the form of Annexure 'A' to this order (pursuant to s 250(1)(a) of the Protection of the Environment Operations Act 1997) 6. Within 35 days of this order, the defendant is to provide to the prosecutor a copy of the notices published in the publications in accordance with order 5. 7. The defendant must pay the prosecutor's costs, as agreed, in the sum of $29,469, such sum to be paid within three months from the date of this order. 8. Pursuant to s 248(1) of the Protection of the Environment Operations Act 1997, the defendant must pay the prosecutor's investigation expenses, as agreed, in the sum of $14,531, such sum to be paid within three months from the date of this order. 9. Exhibits may be returned. Catchwords: ENVIRONMENTAL OFFENCE - pollution - s 120(1) of the Protection of the Environment Operations Act 1997 - sewage pipeline installation - wetland area - horizontal directional drilling - discharge of bentonite slurry from drilling operation - reasonably foreseeable risk of harm - two unintentional offences - immediate containment and clean-up - actual harm - impact confounded by unassociated works in the vicinity - harm believed to be low and short term - no prior conviction - guilty plea - assistance to authorities - parity - costs - totality principle - publication. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Protection of the Environment Operations Act 1997 Cases Cited: Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357 Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234 Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Environment Protection Authority v Baiada Poultry Pty Ltd [2008] NSWLEC 280; (2008) 163 LGERA 71 Environment Protection Authority v Coe Drilling Australia Pty Ltd [2005] NSWLEC 719 Garrett v Freeman (No 3) [2009] NSWLEC 1; (2009) 164 LGERA 287 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Veen v The Queen (No. 1) ;1979 HCA 7; (1979) 143 CLR 458 at 490 Category: Sentence Parties: Environment Protection Authority (Prosecutor) Pipeline Drillers Group Pty Ltd (Defendant) Representation: Mr P Barley (Solicitor) (Prosecutor) Mr T G Howard (Defendant) Gordon Plath, Environment Protection Authority (Prosecutor) HWL Ebsworth Lawyers (Defendant) File Number(s): 50036 of 2010 50037 of 2010