Director-General, Department of Planning & Infrastructure v Integra Coal Operations Pty Ltd [2012] NSWLEC 255

Land and Environment Court New South Wales

Medium Neutral Citation: Director-General, Department of Planning & Infrastructure v Integra Coal Operations Pty Ltd [2012] NSWLEC 255 Hearing dates: 12, 13 November 2012 Decision date: 13 November 2012 Jurisdiction: Class 5 Before: Craig J Decision: 1. The defendant is convicted of the offence against s 125(1) of the Environmental Planning and Assessment Act 1979, as charged. 2. The defendant is fined the sum of $84,000. 3. I direct that one half of the fine imposed by order 2 be paid to the prosecutor pursuant to s 122 of the Fines Act 1996. 4. The defendant must pay the prosecutor's costs in the agreed sum of $38,000. 5. Exhibits may be returned. Catchwords: OFFENCES AND PENALTIES - sentence - breach of condition of project approval for coalmining - systemic failure to appreciate the need to modify approval for change in mining operations - sentencing considerations Legislation Cited: Crimes (Sentencing Procedure) Act 1999

Environmental Planning and Assessment Act 1979 Fines Act 1996

Mining Act 1992 Cases Cited: Minister for Planning (NSW) v Coalpac Pty Ltd [2008] NSWLEC 271

Minister for Planning v Moolarben Coal Mines Pty Ltd [2010] NSWLEC 147; (2010) 175 LGERA 93

Minister for Planning v Hunter Quarries Pty Ltd [2010] NSWLEC 246 Category: Sentence Parties: Director-General, Department of Planning & Infrastructure (Prosecutor)

Integra Coal Operations Pty Ltd (Defendant) Representation: K C Morgan (Prosecutor) T Howard (Defendant) Department of Planning and Infrastructure (Prosecutor) Norton Rose Australia (Defendant) File Number(s): 50494 of 2012