Environment Protection Authority v M A Roche Group Pty Ltd

Land and Environment Court New South Wales Medium Neutral Citation: Environment Protection Authority v M A Roche Group Pty Ltd [2014] NSWLEC 114 Hearing dates:28 July 2014Decision date: 28 July 2014 Jurisdiction:Class 5Before: Sheahan J Decision: (1)The Defendant is convicted of the offence charged in the summons.(2)The Defendant is fined the sum of $30,000.(3)The Defendant is ordered to pay the Prosecutor's costs as agreed, or assessed according to law.(4)Pursuant to s 250(1)(a) of the Protection of the Environment Operations Act 1997:(a)The Defendant, at its expense, must within 28 days of the date of this order cause a notice, in the form of Annexure A to this judgment, to be placed within the first 5 pages of the following publications at a minimum size of 10 cm x 18 cm:(i)Wednesday edition of the Port Macquarie News, and(ii)Wauchope Gazette.(b)Within 35 days of the date of this order, the Defendant must provide to the Prosecutor a complete copy of the page of the publications in which the notice appears.(5)The Exhibits are retained. Catchwords: ENVIRONMENTAL OFFENCES: Breach of conditions of Environment Protection Licence - quarry exceeded its prescribed output - early plea of guilty - denial of environmental harm - claim of impecuniosity - fine - costs - publication order. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Protection of the Environment Operations Act 1997 Cases Cited: Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234 Environment Protection Authority v Chillana Pty Ltd [2010] NSWLEC 255 Environment Protection Authority v M...