Environment Protection Authority v Kitco Transport Australia Pty Ltd [2013] NSWLEC 39

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Kitco Transport Australia Pty Ltd [2013] NSWLEC 39 Hearing dates: 2 April 2013 Decision date: 03 April 2013 Jurisdiction: Class 5 Before: Pain J Decision: 1. The Defendant is convicted of the offences in proceedings numbered 50930/12, 50928/12 and 50929/12. 2. In matter number 50930/12, the Defendant is fined the sum of $18,000 to be paid to the Registrar of the Court within 28 days of today's date. 3. In matter number 50928/12, the Defendant is fined the sum of $5,000 to be paid to the Registrar of the Court within 28 days of today's date. 4. In matter number 50929/12, the Defendant is fined the sum of $1,000 to be paid to the Registrar of the Court within 28 days of today's date. 5. The Defendant is to pay the Prosecutor's costs of $25,000. 6. The exhibits may be returned. Catchwords: SENTENCE - unsafe transport of dangerous goods - failure of transporter of dangerous goods to ensure that driver and vehicle licensed to carry dangerous goods and for safe transport of goods - mitigating circumstances considered - totality principle applied Legislation Cited: Clean Waters Act 1970 s 16(1) Crimes (Sentencing Procedure) Act 1999 s 3, s 3A, s 21A, s 22 Dangerous Goods (Road and Rail Transport) Act 2008 s 3, s 4, s 6, s 7, s 9 Dangerous Goods (Road and Rail Transport) Regulation 2009 cl 9, cl 15, cl 78, cl 99, cl 163, cl 189, cl 100(1), cl 191, cl 192, cl 214, Pt 8, Pt 18, Pt 20 Environmental Offences and Penalties Act 1989 Protection of the Environment Operations Act 1997 s 120, s 250 Road and Rail Transport (Dangerous Goods) Act 1997 s 37(1) Cases Cited: Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357 Bentley v BGP Properties Pty Limited [2006] NSWLEC 34; (2006) 145 LGERA 234 Cameron v Eurobodalla Shire Council [2006] NSWLEC 47; (2006) 146 LGERA 349