Environment Protection Authority v Custom Chemicals Pty Ltd [2016] NSWLEC 146

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Custom Chemicals Pty Ltd [2016] NSWLEC 146 Hearing dates: 25 October 2016 Date of orders: 22 November 2016 Decision date: 22 November 2016 Jurisdiction: Class 5 Before: Preston CJ Decision: Orders as set out at [123] Catchwords: OFFENCES AND PENALTIES – sentence – pollution of waters – objective seriousness of offence – significant environmental harm caused or likely to be caused – environmental harm highly foreseeable – practical measures to avoid environmental harm not taken – offender had complete control over causes giving rise to offence – offence involved multiple pollution events over considerable period of time – offender obtained financial gain by avoiding waste disposal costs – medium overall objective seriousness – subjective circumstances of offender – early plea of guilty – offender genuinely remorseful – no prior convictions – offender of good corporate character – offender unlikely to re-offend – offender co-operated with regulatory authority – offender agreed to pay prosecutor's legal and investigation costs – general deterrence necessary – specific deterrence unnecessary – offender ordered to pay contribution to environment restoration project – offender ordered to pay amount to Environmental Trust – offender ordered to cause employees to attend training – offender ordered to pay prosecutor's legal and investigation costs – offender ordered to publicise offence and sentence in newspapers Legislation Cited: Crimes (Sentencing Procedure) Act 1999 ss 3A, 21A, 21A(2), 21A(3), 22, 23 Criminal Procedure Act 1986 s 257B Environmental Trust Act 1998 Protection of the Environment Operations Act 1997 ss 91, 120(1), 123(a), 241(1), 248, 250(1) Cases Cited: Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357 Bankstown City Council v Hanna (2014) 205 LGERA 39, [2014] NSWLEC 152 Environment Protection Authority v Big River Group Pty Ltd [2011] NSWLEC 80 Environment Protection Authority v CSR Building Products Ltd [2008] NSWLEC 224 Environment Protection Authority v Forbes Shire Council [2014] NSWLEC 26 Environment Protection Authority v Hunter Water Corporation [2016] NSWLEC 76 Environment Protection Authority v KBL Mining Ltd [2014] NSWLEC 178 Environment Protection Authority v Moolarben Coal Operations Pty Ltd [2012] NSWLEC 65 Environment Protection Authority v Moolarben Coal Operations Pty Ltd (No 2) [2012] NSWLEC 80 Environment Protection Authority v Nowra Chemical Manufacturers Pty Ltd [2008] NSWLEC 187 Environment Protection Authority v Peak Gold Mines Pty Ltd [2013] NSWLEC 158 Environment Protection Authority v Snowy Hydro Ltd (2008) 162 LGERA 273; [2008] NSWLEC 264 Environment Protection Authority v Unomedical Pty Ltd (No 4) [2011] NSWLEC 131 Environment Protection Authority v Waste Recycling and Processing Corporation (2006) 148 LGERA 299; [2006] NSWLEC 419 Environment Protection Authority v Wattke [2010] NSWLEC 24 R v Delcaro (1989) 41 A Crim R 33 R v Hill [2004] NSWCCA 257 R v Thomson (2000) 49 NSWLR 383; [2000] NSWCCA 309 R v Woodman [2001] NSWCCA 310 Category: Principal judgment Parties: Environment Protection Authority (Prosecutor) Custom Chemicals Pty Ltd (Defendant) Representation: Counsel: Ms S M Anderson (Solicitor) (Prosecutor) Mr J Johnson (Barrister) (Defendant)