Environment Protection Authority v Nulon Products Australia Pty Ltd

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Environment Protection Authority v Nulon Products Australia Pty Ltd [2015] NSWLEC 153 Hearing dates:27 August 2015Date of orders: 28 September 2015 Decision date: 28 September 2015 Jurisdiction:Class 5Before: Moore AJ Decision: See orders at [215] Catchwords: ENVIRONMENTAL OFFENCE – air pollution – discharge of odour – prosecution of company for failure to comply with condition of environment protection licence – sentence – objective circumstances – failure by employee to conduct end of shift check that heating of lubricant oil product had been turned off – emission of odour – actual environmental harm widespread but low level and transient – offence of medium objective seriousness – subjective circumstances – preventative measures adopted for the future – co-operation with the prosecutor – contrition and remorse – no prior offences – payment in lieu of a fine to the Environmental Trust established under the Environmental Trust Act 1998 of $120,000 for general environmental purposes Legislation Cited: Crimes (Sentencing Procedure) Act 1999 ss 3A, 21A, 22, 23 Criminal Procedure Act 1986 ss 215(1)(a), 257B, Environmental Trust Act 1998 Protection of the Environment Operations Act 1997 ss 45(d), 64, 120(1) 124, 129, 241, 243, 244(3), 250(1)(e) Work Health and Safety Regulation 2011 Cases Cited: Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Environment Protection Authority v BlueScope Steel (AIS) Pty Ltd [2004] NSWLEC 400 Environment Protection Authority v Caltex Refineries (NSW) Pty Ltd [2006] NSWLEC 335 Environment Protection...