Environment Protection Authority v M A Roche Group Pty Ltd [2015] NSWLEC 29

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v M A Roche Group Pty Ltd [2015] NSWLEC 29 Hearing dates: 2 March 2015 Date of orders: 02 March 2015 Decision date: 02 March 2015 Jurisdiction: Class 5 Before: Craig J Decision: (1) The Defendant is convicted of the offence as charged.

(2) The Defendant is fined the sum of $52,000.

(3) The Defendant must pay the Prosecutor's legal costs agreed in the sum of $9,750.65.

(4) The Exhibits are to be retained. Catchwords: ENVIRONMENTAL OFFENCES: sentence - s 64 of the Protection of the Environment Operations Act 1997 - breach of conditions of environment protection licence – quarry exceeded its prescribed output – low to moderate range of harm - early plea of guilty – prior offences - claim of impecuniosity - fine - costs. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Environmental Planning and Assessment Regulation 2000 (NSW) Fines Act 1996 (NSW) Mining Act 1992 (NSW) Protection of the Environment Operations Act 1997 (NSW) Cases Cited: Bankstown City Council v Hanna [2014] NSWLEC 152 Environment Protection Authority v Centennial Newstan Pty Ltd [2010] NSWLEC 211 Environment Protection Authority v Geoff Robinson Pty Ltd; Environment Protection Authority v Robinson [2011] NSWLEC 14 Environmental Protection Authority v M A Roche Group Pty Ltd [2014] NSWLEC 114 Environment Protection Authority v Orica Australia Pty Ltd (Nitric Acid Air Lift Incident) [2014] NSWLEC 103 Category: Sentence Parties: Environment Protection Authority (Prosecutor) M A Roche Group Pty Ltd (Defendant) Representation: Counsel: M Junor (solicitor) (Prosecutor) M A Roche, director (Defendant)