Warringah Council v ProjectCorp Australia Pty Ltd (ACN 100 424 440)

Land and Environment Court New South Wales Medium Neutral Citation: Warringah Council v ProjectCorp Australia Pty Ltd (ACN 100 424 440) [2015] NSWLEC 141 Hearing dates:29 - 30 May 2013 and 15, 18 July 2013Date of orders: 03 September 2015 Decision date: 03 September 2015 Jurisdiction:Class 5Before: Craig J Decision: Proceedings 51226 of 2012:(1) The Defendant is convicted of the offence as charged.(2) The Defendant is fined the sum of $35,000.Proceedings 51227 of 2012:(3) The Defendant is convicted of the offence as charged.(4) The Defendant is fined the sum of $10,000.Both Proceedings:(5) Pursuant to s 248(1) of the Protection of the Environment Operations Act 1997, the Defendant is ordered to pay the Prosecutor’s investigation costs of $1,945.20.(6) The Defendant must pay the Prosecutor’s costs of both proceedings, such costs to be determined in accordance with s 257G of the Criminal Procedure Act 1986.(7) Exhibits may be returned. Catchwords: ENVIRONMENTAL OFFENCES – offence against s 125(1) of the Environmental Planning and Assessment Act 1979 (NSW) – erosion and sediment controls not implemented as required by development consent – offence against s 120(1) of Protection of the Environment Operations Act 1997 (NSW) – pollution of waters – plea of guilty to each offence – sentencing principles – erosion and sediment control facilities inadequate – discharge of sediment-laden water the consequence of both offences – offence against s 125(1) undermines integrity of planning and development control system – reasonably foreseeable harm – conduct not reckless in committing pollution offence – failure to implement...