A corporate offender's discharge of sediment-laden water from a mining pipeline into a creek over five days, involving between 6 and 14.6 tonnes of sediment and affecting an endangered ecological community, constitutes an offence of moderate objective gravity warranting a penalty of $150,000 before discount (against a maximum of $1,000,000). A single prior conviction for a similar offence does not constitute an aggravating factor under s 21A(2)(d) of the CSP Act but is relevant to specific deterrence. A discount of 30 percent (rather than the standard 25 percent for an early plea) may be applied where the defendant also demonstrates cooperation with authorities and genuine remorse.
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