Environment Protection Authority v Grafil Pty Ltd; Environment Protection Authority v Mackenzie (No 4)

[2021] NSWLEC 123

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. CRIMINAL — sentencing of company for offence of operation of waste facility without approval — defendant company a consumer of recovered fines created pursuant to resource recovery exemptions made under Protection of the Environment Operations (Waste) Regulation 2005 — unable to rely on recovered fines exemption from requirement to have environment protection licence for waste facility due to failure to comply with conditions imposed on consumer — recovered fines contained asbestos of which it had no knowledge — no moral culpability arising from circumstances of offence — subjective circumstances considered — cap and contain order made
1. CRIMINAL — sentencing of individual defendant for offence of operation of waste facility without approval — guilt by operation of special executive liability — no moral culpability arising from circumstances of the offence — substantial extenuating circumstances — application of s 10(1)(a) of Crimes Sentencing Procedure Act 1999