Environment Protection Authority v M A Roche Group Pty Ltd

Land and Environment Court

New South Wales

Medium Neutral Citation:

Environment Protection Authority v M A Roche Group Pty Ltd [2014] NSWLEC 114

Hearing dates:

28 July 2014

Decision date:

28 July 2014

Jurisdiction:

Class 5

Before:

Sheahan J

Decision:

(1)The Defendant is convicted of the offence charged in the summons.

(2)The Defendant is fined the sum of $30,000.

(3)The Defendant is ordered to pay the Prosecutor's costs as agreed, or assessed according to law.

(4)Pursuant to s 250(1)(a) of the Protection of the Environment Operations Act 1997:

(a)The Defendant, at its expense, must within 28 days of the date of this order cause a notice, in the form of Annexure A to this judgment, to be placed within the first 5 pages of the following publications at a minimum size of 10 cm x 18 cm:

(i)Wednesday edition of the Port Macquarie News, and

(ii)Wauchope Gazette.

(b)Within 35 days of the date of this order, the Defendant must provide to the Prosecutor a complete copy of the page of the publications in which the notice appears.

(5)The Exhibits are retained.

Catchwords:

ENVIRONMENTAL OFFENCES: Breach of conditions of Environment Protection Licence - quarry exceeded its prescribed output - early plea of guilty - denial of environmental harm - claim of impecuniosity - fine - costs - publication order.

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999
Protection of the Environment Operations Act 1997

Cases Cited:

Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234
Environment Protection Authority v Chillana Pty Ltd [2010] NSWLEC 255
Environment Protection Authority v M A Roche Group Pty Ltd; Environment Protection Authority v Roche [2013] NSWLEC 191
Environment Protection Authority v Pal [2009] NSWLEC 35
Minister for Planning v Hunter Quarries Pty Ltd [2010] NSWLEC 246
R v Rahme (1989) 43 A Crim R 81
R v Thomson, R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383

Category:

Sentence

Parties:

Environment Protection Authority (Prosecutor)
M A Roche Group Pty Ltd (Defendant)

Representation:

Ms M Junor, solicitor (Prosecutor)
Mr M A Roche, director (Defendant)
Office of Environment and Heritage (Prosecutor)
N/A (Defendant)

File Number(s):

50032 of 2014

EXTEMPORE Judgment

1. The defendant is a family company which operates a quarry, trading as "Volcanic Resources", at or near 129 Milligans Rd, Wauchope, and also does contract crushing and carrying, off-site.

1. It is charged with breaching the terms of its 2005 environment protection licence ("EPL") No. 12364 by exceeding the 30,000 tonne handling limit in condition A1.2(b), in the year January 2012 - January 2013. The maximum penalty for the offence is $1M.

1. The operations of the quarry are fully described in documentation before the Court, and several photographs are also in evidence.

1. In the course of agreement upon two statements of relevant facts (Exhibits P1 and P2), the defendant conceded that it had also exceeded its limit in earlier years by a minimum of 5,000, if not 15,000 tonnes (agreed fact ("AF") 21).

1. The agreements on facts have greatly…