› Contravention of environment protection licence condition
› Failure to carry out licensed activity in competent manner
› Mine blast generating NOx fumes
› Sentencing principles
› Determination of objective seriousness
› Protection of the Environment Operations Act 1997 (NSW), ss 64(1), 241, 250(1)
Criminal Law
› Sentencing
› Mitigating factors
› Good character of offender
› Weight to be given to good character in environmental offences
› Whether environmental offences are a class where good character attracts less weight
› Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(3)(f)
Criminal Law
› Sentencing
› Guilty plea
› Utilitarian value of plea
› Whether plea entered at earliest reasonable opportunity
› Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(3)(k), 22
Environmental Law
› Environmental offences
› Publication orders
› Purpose of publication order
› Scope and manner of publication
› Whether publication on parent company website appropriate
› Protection of the Environment Operations Act 1997 (NSW), s 250(1)(a)
Quick Take
1The proposition in Plath v Rawson that environmental offenders' prior good character should attract less weight because such offences are typically committed by persons of good character is not sound in principle for strict liability EPL offences, and should not be applied absent statistical evidence supporting the claimed prevalence of first-time offenders among POEO Act defendants.
2A condition requiring licensed activities to be carried out in a competent manner is a fundamental EPL condition (not merely procedural), and its breach in the context of blasting operations poses a risk of serious environmental harm even where no actual harm results, warranting assessment at the upper end of the lower range of objective seriousness where the explosive product used did not reduce fume risk to the greatest extent possible.
3The utilitarian value of a guilty plea is not diminished by adjournments that were by consent and where the plea was entered on the same day as the further amended summons, attracting the full 25% discount.
Case Details
Citation[2019] NSWLEC 27
CourtNSWLEC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 29 later cases that cite this judgment.
1 of the 29 citing cases carry a classified treatment. How each court treated it is available to signed-in members.
