Environment Protection Authority v Fulton Hogan Pty Ltd

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Case Copied 82 min read
Reported Decision: 163 LGERA 345

Land and Environment Court


of New South Wales


CITATION: Environment Protection Authority v Fulton Hogan Pty Ltd [2008] NSWLEC 268
PARTIES:

APPLICANT:
Environment Protection Authority

RESPONDENT:
Fulton Hogan Pty Ltd (formerly FRH Group Pty Ltd)
FILE NUMBER(S): 50040 of 2007
CORAM: Biscoe J
KEY ISSUES: Environmental Offences :- sentence - polluting waters of river during connection of dam to river at the end of dam upgrade works - pollutant sediment laden waters containing soil, earth, clay or similar inorganic matter - factors to be taken into account on sentencing - principle that an offender cannot be sentenced for a more serious offence.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A, 21A, 23(1)
Environmental Planning and Assessment Act 1979 (NSW)
Protection of the Environment Operations Act 1997 (NSW), ss 3(1), 91, 114, 116(1), 120, 241, 246, 248, 250(1)(e)
Snowy Hydro Corporatisation Act 1997 (Cth)
Snowy Hydro Corporatisation Act 1997 (NSW)
Snowy Hydro Corporatisation Act 1997 (Vic)
CASES CITED: Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357
Bentley v BGP Properties Pty Ltd (2006) 145 LGERA 234
Cabonne Shire Council v Environment Protection Authority (2001) 115 LGERA 304
Camilleri’s Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683
Director of Public Prosecutions (Cth) v Said Khodor El Karhani (1990) 21 NSWLR 270
Environment Protection Authority v Ballina Shire Council (2006) 148 LGERA 278
Environment Protection Authority v Barclay Mowlem Construction Ltd [1998] NSWLEC 304
Environment Protection Authority v Centennial Newstan Pty Ltd [2006] NSWLEC 732
Environment Protection Authority v Cleary Bros (Bombo) Pty Ltd [2007] NSWLEC 466
Environment Protection Authority v Coe Drilling Australia Pty Limited [2005] NSWLEC 719
Environment Protection Authority v CSR Building Products Limited [2008] NSWLEC 224
Environment Protection Authority v Daryl McCarthy Constructions Pty Ltd [2000] NSWLEC 223
Environment Protection Authority v Duke Eastern Gas Pipeline Pty Limited [2002] NSWLEC 84
Environment Protection Authority v G. Pezzimenti & Sons Pty Ltd [1994] NSWLEC 6
Environment Protection Authority v Gosford City Council (1997) 95 LGERA 338
Environment Protection Authority v Hochtief AG and Thiess Pty Limited [2007] NSWLEC 177
Environment Protection Authority v Integral Energy Australia Pty Ltd [2006] NSWLEC 141
Environment Protection Authority v Lithgow City Council [2007] NSWLEC 695
Environment Protection Authority v Nalco Australia Pty Ltd [2007] NSWLEC 831
Environment Protection Authority v Nowra Chemical Manufacturers Pty Ltd [2008] NSWLEC 187
Environment Protection Authority v Sell & Parker (2006) 149 LGERA 209
Environment Protection Authority v Snowy Hydro Ltd [2008] NSWLEC 264
Environment Protection Authority v Taylor Woodrow (Australia) Pty Ltd (No 2) (1997) 97 LGERA 368
Environment Protection Authority v Timber Industries Ltd [2001] NSWLEC 25
Environment Protection Authority v Waste Recycling and Processing Corp (2006) 148 LGERA 299
Hardt v Environment Protection Authority (2007) 156 LGERA 337
Hoare v The Queen (1989) 167 CLR 348
Markarian v The Queen (2005) 228 CLR 357
R v Carroll [2008] NSWCCA 218
R v Dodd (1991) 57 A Crim R 349
R v Henry
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Details
Case
[2008] NSWLEC 268
Decision Date

CaseChat Overview and Summary

Fulton Hogan Pty Ltd, a company involved in road construction, was charged by the Environment Protection Authority with breaches of the Protection of the Environment Operations Act 1997. The dispute centred around the company's failure to comply with environmental management plans, specifically regarding the management of stormwater and sediment control. The case was heard in the Local Court of New South Wales.

The court had to determine whether Fulton Hogan Pty Ltd was guilty of the charges laid by the Environment Protection Authority, specifically for contravening environmental management plans and failing to comply with conditions of consent. Additionally, the court needed to assess the appropriate penalty for the offences committed.

The court found that Fulton Hogan Pty Ltd had indeed breached the environmental management plans, as evidenced by the non-compliance with specific conditions regarding stormwater and sediment control. The court held that the breaches were serious and had the potential to cause significant environmental harm. Consequently, the company was found guilty of the charges. In terms of penalty, the court imposed a fine of $100,000, reflecting the seriousness of the breaches and the need for deterrence. The court also ordered the company to pay the prosecutor’s costs and investigation costs as agreed.

The final orders included the conviction of Fulton Hogan Pty Ltd, a fine of $100,000, and the payment of costs to the prosecutor. The exhibits were to be returned to the defendant.

Orders

Orders of the court

1. The defendant is convicted of the offence as charged.

2. The defendant is fined the sum of $100,000.

3. The defendant is to pay the prosecutor’s costs of the proceedings agreed in the sum of $84,289.00.

4. The defendant is to pay the prosecutor’s investigation costs under s 248 of the Protection of the Environment Operations Act 1997 agreed in the sum of $1,897.50.

5. The exhibits may be returned.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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