Environment Protection Authority v Signium Pty Ltd [2018] NSWLEC 126

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Signium Pty Ltd [2018] NSWLEC 126 Hearing dates: 6 and 7 June 2018 Date of orders: 24 August 2018 Decision date: 24 August 2018 Jurisdiction: Class 5 Before: Moore J Decision: See orders at [122] to [124] Catchwords: PROSECUTION - breach of Environment Protection Licence condition - failure of effluent and waste management at a piggery - plea of guilty - agreed facts establish guilt - defendant to be convicted PROSECUTION - breach of Environment Protection Licence condition - charge not pressed PROSECUTION - breach of Environment Protection Licence condition - charge not pressed PROSECUTION - provision of false and misleading information - plea of guilty - agreed facts establish guilt - defendant to be convicted ENVIRONMENTAL SERVICES ORDER - agreement between the prosecutor and the defendant as to the terms of an Environmental Services Order to be implemented by the defendant - no agreement about statutory foundation for imposing Environmental Services Order - cost of implementation of the Environmental Services Order - environmental benefits to be obtained by implementation of the Environmental Services Order – works required by the Environmental Services Order confined to the defendant's property - Environmental Services Order potentially effective to eliminate/reduce the potential for further licence breaches - Environmental Services Order has public as well as private benefit - whether agreement to implementation of the Environmental Services Order rendered it inappropriate to impose a direct monetary penalty - direct monetary penalty appropriate - whether the extent of direct monetary penalty should be tempered by the environmental benefits to be derived from and costs to be incurred in giving effect to the Environmental Services Order - appropriate to impose a direct monetary penalty for each offence - principles of totality and accumulation - total penalty of $27,000 imposed PENALTIES - application of moneys to an environmental projects - appropriate that moneys be paid into the Environmental Trust Fund Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A and 22 Criminal Procedure Act 1986, s 257G Environmental Planning and Assessment Act 1979, s 9.56(2A) Environmental Trust Fund Act 1998 Fines Act 1996, s 6 Protection of the Environment Operations Act 1995 Cases Cited: Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Chief Executive, Office of Environment and Heritage v Ausgrid (2013) 199 LGERA 1; [2013] NSWLEC 51 Environment Protection Authority v Waste Recycling and Processing Corp (2006) 148 LGERA 299; [2006] NSWLEC 419 EPA v Barnes [2006] NSWCCA 246 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Newcastle City Council v Pace Farm Egg Products [2002] NSWLEC 66 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 383 Veen v The Queen (No 2) 164 CLR 465; [1988] HCA 14 Category: Sentence Parties: Environment Protection Authority (Prosecutor) Signium Pty Ltd (Defendant) Representation: Counsel: Ms Z Shahnawaz, barrister (Prosecutor) Ms S Duggan SC (Defendant)