Environment Protection Authority v M A Roche Group Pty Ltd [2014] NSWLEC 114

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v M A Roche Group Pty Ltd [2014] NSWLEC 114 Hearing dates: 28 July 2014 Decision date: 28 July 2014 Jurisdiction: Class 5 Before: Sheahan J Decision: (1)The Defendant is convicted of the offence charged in the summons. (2)The Defendant is fined the sum of $30,000. (3)The Defendant is ordered to pay the Prosecutor's costs as agreed, or assessed according to law. (4)Pursuant to s 250(1)(a) of the Protection of the Environment Operations Act 1997: (a)The Defendant, at its expense, must within 28 days of the date of this order cause a notice, in the form of Annexure A to this judgment, to be placed within the first 5 pages of the following publications at a minimum size of 10 cm x 18 cm: (i)Wednesday edition of the Port Macquarie News, and (ii)Wauchope Gazette. (b)Within 35 days of the date of this order, the Defendant must provide to the Prosecutor a complete copy of the page of the publications in which the notice appears. (5)The Exhibits are retained. Catchwords: ENVIRONMENTAL OFFENCES: Breach of conditions of Environment Protection Licence - quarry exceeded its prescribed output - early plea of guilty - denial of environmental harm - claim of impecuniosity - fine - costs - publication order. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Protection of the Environment Operations Act 1997 Cases Cited: Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234 Environment Protection Authority v Chillana Pty Ltd [2010] NSWLEC 255 Environment Protection Authority v M A Roche Group Pty Ltd; Environment Protection Authority v Roche [2013] NSWLEC 191 Environment Protection Authority v Pal [2009] NSWLEC 35 Minister for Planning v Hunter Quarries Pty Ltd [2010] NSWLEC 246 R v Rahme (1989) 43 A Crim R 81 R v Thomson, R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Category: Sentence Parties: Environment Protection Authority (Prosecutor) M A Roche Group Pty Ltd (Defendant) Representation: Ms M Junor, solicitor (Prosecutor) Mr M A Roche, director (Defendant) Office of Environment and Heritage (Prosecutor) N/A (Defendant) File Number(s): 50032 of 2014