Environment Protection Authority v Warkworth Mining Limited

[2017] NSWLEC 107

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. PROSECUTION - breach of Environment Protection Licence condition - plea of guilty - agreed facts demonstrate plea appropriate - Defendant convicted of offence charged
1. PROSECUTION - failure of stormwater detention dam - failure caused discharge of sediment-laden water - assessment of seriousness of the offending conduct - offending conduct toward the top of the low range of seriousness
1. PENALTY - discount for early plea - starting penalty of $75,000 - total discount of 33% appropriate (including discount for the early guilty plea) - penalty of $50,00 to be diverted to the Environmental Trust established under the Environmental Trust Act 1998
1. PENALTY - publication order - utility of publication order for general deterrence - no agreement between parties as to terms of notice for publication - Prosecutor’s terms of notice adopted - order made specifying newspapers in which the notice is to be published - order made specifying size and manner of publication - order made requiring notices to be filed with the Court as well as provided to the Prosecutor