Chief Executive, Office of Environment & Heritage v Orica Pty Ltd; Environment Protection Authority v Orica Pty Ltd

Land and Environment Court New South Wales Medium Neutral Citation: Chief Executive, Office of Environment & Heritage v Orica Pty Ltd; Environment Protection Authority v Orica Pty Ltd [2015] NSWLEC 109 Hearing dates:19 June 2015Date of orders: 19 June 2015 Decision date: 19 June 2015 Jurisdiction:Class 5Before: Preston CJ Decision: Orders as set out at [150] Catchwords: OFFENCES AND PENALTIES – sentence – damaging reserved land – pollution of waters – objective seriousness of offences – environmental harm caused was at lower end of range of extent of harm – foreseeability of risk of environmental harm – practical measures to avoid environmental harm not taken – control over causes giving rise to the offences – offences not committed for financial gain – low overall objective seriousness – subjective circumstances of offender – record of prior convictions not aggravating factor – early pleas of guilty – offender’s genuine remorse for the offences – offender of good corporate character – offender unlikely to reoffend – offender cooperated with authorities – appropriate penalties are fines – totality principle applies – no overlap of the elements of the offences – areas of overlap of aggravation in commission of offences – appropriate to adjust sentences to avoid double punishment and reflect total criminality involved – offender ordered to pay prosecutor’s costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 s 21A Criminal Procedure Act 1986 ss 257B, 257G Environmental Planning and Assessment Act 1979 Mining Act 1992 National Parks and Wildlife Act 1974 ss 2A, 30A(1)(c),...