Environment Protection Authority v Peak Gold Mines Pty Limited [2013] NSWLEC 158

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Peak Gold Mines Pty Limited [2013] NSWLEC 158 Hearing dates: 11 September 2013 Decision date: 11 September 2013 Jurisdiction: Class 5 Before: Preston CJ Decision: Orders as set out at [35] Catchwords: ENVIRONMENTAL OFFENCES - pollution of waters - sentencing - objective circumstances of offence - low level of environmental harm - risk of harm to environment clearly foreseeable and practical measures could and should have been taken to prevent harm - defendant had control over causes that gave rise to offence - subjective circumstances of case and mitigating factors - no prior convictions - defendant of good character - unlikely to re-offend - remorse demonstrated - plea of guilty entered at the first reasonable opportunity - defendant provided assistance to prosecutor in relation to investigation of offence and conduct of proceedings - purposes of sentencing - general deterrence - no particular need for specific deterrence - relevance of retribution and denunciation - need for consistency in sentencing and determining the appropriate penalty - defendant convicted as charged - penalty imposed - defendant to provide funding for effluent reuse scheme - publication order made - defendant to pay prosecutor's costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 ss 21A, 22, 23 Protection of the Environment Operations Act 1997 ss 120, 193, 241, 248, 250 Cases Cited: Environment Protection Authority v Coal and Allied Operations Pty Ltd [2013] NSWLEC 134 Environment Protection Authority v Ravensworth Operations Pty Ltd [2012] NSWLEC 222 Environment Protection Authority v Straits (Hillgrove) Gold Pty Ltd [2010] NSWLEC 114; (2010) 174 LGERA 314 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Category: Principal judgment Parties: Environment Protection Authority (Prosecutor) Peak Gold Mines Pty Limited (Defendant) Representation: Ms N G Hammond (Solicitor) (Prosecutor) Mr T G Howard (Barrister) (Defendant) Office of Environment and Heritage, Legal Services Branch (Prosecutor) Corrs Chambers Westgarth (Defendant) File Number(s): 51170 of 2012 Publication restriction: No