› breach of Environment Protection Licence condition
› plea of guilty
› agreed facts demonstrate plea appropriate
› failure of valve on wastewater transfer pipe
› failure caused discharge of the wastewater in the first prosecution
› assessment of seriousness of the offending conduct
› offending conduct somewhat below the midrange of seriousness of offences of this type
Penalties
› discount for early plea
› starting penalty of $650,000 for water pollution offence and of $100,000 for licence condition breach offence
› total discount of 33% appropriate (including discount for the early guilty pleas)
Penalties
› appropriate to have regard to aggregation and totality when considering both offences
› application of appropriate principle to derive penalties results in penalty of $400,000 for the water pollution offence and $60,000 for the licence breach offence
Case Details
Citation[2017] NSWLEC 64
CourtNSWLEC
JurisdictionNew South Wales
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