Newcastle Port Corporation trading as Port Authority of New South Wales v Dudgeon; Newcastle Port Corporation trading as Port Authority of New South Wales v Svitzer Australia Pty Limited

Land and Environment Court New South Wales Medium Neutral Citation: Newcastle Port Corporation trading as Port Authority of New South Wales v Dudgeon; Newcastle Port Corporation trading as Port Authority of New South Wales v Svitzer Australia Pty Limited [2015] NSWLEC 139 Hearing dates:6 and 14 August 2015Date of orders: 28 August 2015 Decision date: 28 August 2015 Jurisdiction:Class 5Before: Moore AJ Decision: In Proceedings No 50317 of 2015, see orders at [158]In Proceedings No 50318 of 2015, see orders at [159] Catchwords: ENVIRONMENTAL OFFENCES – discharge of oil into State waters – prosecution of vessel’s engineer – sentence – objective circumstances – failure by a vessel’s engineer to conduct a fuel transfer in prescribed manner – spill of 8000L of diesel fuel – no actual but real risk of environmental harm – offence by engineer of more than low objective seriousness – subjective circumstances – assistance in the clean-up of the spill – co-operation with the prosecutor – contrition and remorse – no prior offences – fine of $81,000 ENVIRONMENTAL OFFENCES – discharge of oil into State waters – prosecution of vessel’s operator – sentence – objective circumstances – failure by vessel’s engineer to conduct a fuel transfer in prescribed manner – spill of 8000L of diesel fuel – no actual but real risk of environmental harm – measures taken to avoid harm to the environment – offence by vessel operator of low objective seriousness –subjective circumstances – existing preventative procedures – future additional preventative procedures – assistance in...