Environment Protection Authority v Orica Australia Pty Ltd (the Ammonium Nitrate Solution Spill Incident)

Land and Environment Court New South Wales Medium Neutral Citation: Environment Protection Authority v Orica Australia Pty Ltd (the Ammonium Nitrate Solution Spill Incident) [2014] NSWLEC 109 Hearing dates:5, 6, 10 and 12 December 2012 and 20 May 2013Decision date: 28 July 2014 Jurisdiction:Class 5Before: Pepper J Decision: See orders at [131]. Catchwords: ENVIRONMENTAL OFFENCES: breach of licence condition - failure to carry out licenced activities in a competent manner - guilty plea - sentencing principles - whether De Simoni principle applicable - whether totality principle applicable - determination of appropriate penalty. Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A, 22, 23 Protection of the Environment Operations Act 1997, ss 3, 64, 241, 250(1) Cases Cited: Environment Protection Authority v Orica Australia Pty Ltd (the Nitric Acid Air Lift Incident) [2014] NSWLEC 103 Environment Protection Authority v Orica Australia Pty Ltd (the Jackhammer Incident) [2014] NSWLEC 105 R v De Simoni [1981] HCA 31; (1981) 147 CLR 383 Category:SentenceParties: Environment Protection Authority (Prosecutor) Orica Australia Pty Ltd (Defendant) Representation: Mr S Rushton SC and Mr D A Hughes (Prosecutor) Mr T A Game SC, Mr D Jordan SC and Ms K Edwards (Defendant) Office of Environment and Heritage (Prosecutor) Ashurst Lawyers (Defendant) File Number(s):51164 of 2012 JudgmentOrica Pleads Guilty to a Breach of Licence Offence Resulting in the Overflow of Ammonium Nitrate SolutionThe defendant, Orica Australia Pty Ltd ("Orica"), pleaded guilty to nine charges under the Protection of the Environment Operations Act 1997 ("the POEOA") which were dealt...