A penalty of $50,000 (reduced from $80,000) was imposed for a single discharge of approximately 1.64ML of sediment laden water into Bowmans Creek from a mining operation, where the offence was at the lower end of the low to moderate range of objective seriousness, the environmental harm was low (short duration pulse event with no lasting damage), the cause was accidental (contractor error), and the defendant had comprehensive environmental management systems in place that were not properly complied with. The case confirms that retribution and denunciation carry less weight in sentencing for accidental strict liability environmental offences.
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