Environment Protection Authority v Land Foam Australia Pty Ltd [2013] NSWLEC 128

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Land Foam Australia Pty Ltd [2013] NSWLEC 128 Hearing dates: 5-6 August 2013 Decision date: 09 August 2013 Jurisdiction: Class 5 Before: Biscoe J Decision: (1) The defendant is convicted of the offence against s 48(2) of the Protection of the Environment Operations Act 1997 as charged. (2) The defendant is fined the sum of $3,000. (3) Pursuant to s 257B of the Criminal Procedure Act 1986 the defendant is to pay to the Registrar of the Court, for payment to the prosecutor, the prosecutor's costs of the proceedings as agreed or assessed. (4) The exhibits may be returned. Catchwords: ENVIRONMENTAL OFFENCES - sentencing - occupying premises at which a scheduled activity was carried out when the defendant did not hold an environment protection licence contrary to s 48(2) Protection of the Environment Operations Act 1997 - extraordinary circumstances reducing objective seriousness of the offence. Legislation Cited: Criminal Procedure Act 1986 s 257B Crimes (Sentencing Procedure) Act 1999 ss 3A, 21A Environmental Planning and Assessment Act 1979 s 91 Protection of the Environment Operations Act 1997 ss 3, 6, 43(b), 48, 52, 55, 96, 241 Schedule 1 Protection of the Environment Operations (Clean Air) Regulation 2010 Protection of the Environment Operations (General) Regulation 2009 cl 47 Protection of the Environment Operations (General) Regulation 1998 cl 44 Cases Cited: Environment Protection Authority v Eco Cycle Materials Pty Ltd and Scanlan [2003] NSWLEC 63 Environment Protection Authority v Hines [2004] NSWLEC 107 Environment Protection Authority v Unomedical Pty Ltd (No 4) [2011] NSWLEC 131 Texts Cited: Australian Code for the Transport of Dangerous Goods by Road and Rail (7th edition) Category: Sentence Parties: Environment Protection Authority (Prosecutor) Land Foam Australia Pty Ltd (Defendant) Representation: COUNSEL: M Higgins (Prosecutor) J P He, director (Defendant) SOLICITORS: Office of Environment & Heritage (Prosecutor) N/A (Defendant) File Number(s): 50631/11