Environment Protection Authority v Sydney Water Corporation [2015] NSWLEC 80

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Sydney Water Corporation [2015] NSWLEC 80 Hearing dates: 13 and 21 April 2015 Date of orders: 21 April 2015 Decision date: 21 April 2015 Jurisdiction: Class 5 Before: Preston CJ Decision: Orders as set out at [131] and [132] Catchwords: OFFENCES AND PENALTIES – sentence – pollution of waters – failure to comply with licence condition to maintain plant and equipment in proper and efficient condition – objective seriousness of offences – environmental harm caused was substantial – foreseeability of risk of environmental harm – practical measures to avoid environmental harm not taken – control over causes giving rise to the offences – offences not committed with heightened state of mind or for financial gain – low to moderate overall objective seriousness – subjective circumstances of offender – record of prior convictions not aggravating factor – early pleas of guilty – offender's genuine remorse for the offences – offender of good corporate character – offender unlikely to reoffend – offender cooperated with authorities – totality principle applies – two offences caused by the same conduct – no overlap of the external or physical elements of the offences – areas of overlap of aggravation in commission of offences – appropriate to adjust sentences to avoid double punishment and take into account specific circumstances of aggravation Legislation Cited: Crimes (Sentencing Procedure) Act 1999 ss 3A, 21A(2) Criminal Procedure Act 1986 ss 257B, 257G Environmental Trust Act 1998 s 7 Protection of the Environment Operations Act 1997 ss 64(1),(2), 120(1), 241(1), 250(1) Sydney Water Act 1994 ss 21(1)(b), 22 Cases Cited: Environment Protection Authority v Orica Australia Pty Ltd (the Nitric Acid Air Lift Incident) [2014] NSWLEC 103; (2014) 206 LGERA 239 Environment Protection Authority v Sydney Water Corporation Ltd (1996) 93 LGERA 43 Environment Protection Authority v Sydney Water Corporation Ltd [1999] NSWLEC 60; (1999) 102 LGERA 232 Environment Protection Authority v Sydney Water Corporation [2000] NSWLEC 80 Environment Protection Authority v Sydney Water Corporation [2000] NSWLEC 156 Environment Protection Authority v Waste Recycling and Processing Corporation [2006] NSWLEC 419; (2006) 148 LGERA 299 Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610 R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566 Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465 Category: Principal judgment Parties: Environment Protection Authority (Prosecutor) Sydney Water Corporation (Defendant) Representation: Counsel: Mr N Allen (Solicitor) (Prosecutor) Mr J Johnson (Barrister) (Defendant)