Fairfield City Council v Quality Handling Systems Pty Ltd [2013] NSWLC 7

Local Court New South Wales

Medium Neutral Citation: Fairfield City Council v Quality Handling Systems Pty Ltd [2013] NSWLC 7 Hearing dates: 19/12/2012 Decision date: 08 February 2013 Jurisdiction: Criminal Before: Magistrate van Zuylen Decision: The defendant is fined the sum of $75,000 Catchwords: CRIMINAL LAW - environmental offence - permit/cause pollution to waterway - washing of acidic 'pickling paste' into stormwater drain - sentence - matters to be considered in imposing penalty - early plea of guilty - admissions that conduct had occurred for at least 18 months - extent of harm to environment not known but potential for harm reasonably foreseeable - no practical measures taken to mitigate potential harm - flagrant breach of environmental laws - importance of general deterrence Legislation Cited: Protection of the Environment Operations Act 1997 Cases Cited: Environment Protection Authority v Moolarben Coal Operations Pty Ltd [2012] NSWLEC 65 Environment Protection Authority v Moolarben Coal Operations Pty Ltd (No 2) [2012] NSWLEC 80 Environment Protection Authority v Straits (Hillgrove) Gold Pty Ltd [2010] NSWLEC 114 Environment Protection Authority v Transfield Pty Ltd [2001] NSWLEC 45 R v Doan (2000) 50 NSWLR 115 R v Thompson: R v Houlton (2000) 49 NSWLR 383 Wollondilly Shire Council v Brogan Box Pty Ltd (unreported, NSWLEC, 28/03/2002) Category: Sentence Parties: Fairfield City Council (prosecutor) Quality Handling Systems Pty Ltd (defendant) Representation: Mr Salama for Quality Handling Systems Pty Ltd Ms Law for Fairfield City Council File Number(s): 2012/00360776