Environment Protection Authority v Orica Australia Pty Ltd (the Hexavalent Chromium Incident) [2014] NSWLEC 106

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Orica Australia Pty Ltd (the Hexavalent Chromium Incident) [2014] NSWLEC 106 Hearing dates: 5, 6, 10 and 12 December 2012 and 20 May 2013 Decision date: 28 July 2014 Jurisdiction: Class 5 Before: Pepper J Decision: See orders at [256]. Catchwords: ENVIRONMENTAL OFFENCES: breach of licence condition causing release of sodium chromate into the atmosphere - failure to report a pollution incident as soon as practicable - guilty pleas - sentencing principles - whether the offence was committed without regard for public safety - application of De Simoni principle - application of totality principle - determination of appropriate sentence. Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A, 22, 23

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