Environment Protection Authority v Moolarben Coal Operations Pty Ltd [2012] NSWLEC 65

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Moolarben Coal Operations Pty Ltd [2012] NSWLEC 65 Hearing dates: 10 November 2010 Decision date: 30 March 2012 Before: Craig J Decision: 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 $105,000. 3.The defendant must pay the prosecutor's legal costs of the proceedings, agreed in the sum of $53,000. 4.The defendant must pay the prosecutor's investigation costs under s 248 of the Protection of the Environment Operations Act agreed in the sum of $8,632. 5.The defendant, at its expense, and pursuant to s 250(1)(a) of the Protection of the Environment Operations Act must, within 28 days of the date of this order, cause a notice in the form of Annexure "A" to be placed within the first 12 pages of the following newspapers at a minimum size of 10cm x 20cm: (i)the Sydney Morning Herald in the early general news section; (ii)the Mudgee Guardian. 6.Exhibits may be returned. Catchwords: ENVIRONMENTAL OFFENCE: water pollution - s 120(1) of the Protection of the Environment Operations Act 1997 - multiple discharges of pollutant sediment-laden waters into creek - plea of guilty - conditional approval for coal mining under Pt 3A of the Environmental Planning and Assessment Act 1979 required water management plan - water management plan included erosion and sediment control plan - latter plan required measures to be in place before land clearing commenced - majority of measures not in place when substantial clearing commenced - defendant's failure to implement practical measures at time of offence - harm reasonably foreseeable - contrition and remorse - deterrence - parity - publication order Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Environmental Planning and Assessment Act 1979 Protection of the Environment Operations Act 1997 Cases Cited: Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357 Environment Protection Authority v Albury City Council [2009] NSWLEC 169 Environment Protection Authority v Bathurst City Council (1995) 89 LGERA 79 Environment Protection Authority v Boral Australian Gypsum Limited [2009] NSWLEC 26 Environment Protection Authority v Hanson Precast Pty Limited [2008] NSWLEC 285 Environment Protection Authority v Illawarra Coke Company Pty Limited [2005] NSWLEC 296