Environment Protection Authority v MacDermid Overseas Asia Ltd

Land and Environment Court

of New South Wales

CITATION:

Environment Protection Authority v MacDermid Overseas Asia Ltd [2007] NSWLEC 225

PARTIES:

PROSECUTOR
Environment Protection Authority
DEFENDANT
MacDermid Overseas Asia Ltd

FILE NUMBER(S):

50011 of 2006

CORAM:

Jagot J

KEY ISSUES:

Prosecution :- sentence - failure to ensure dangerous goods transported in a manner as safe as practicable - failure to segregate incompatible dangerous goods - failure to complete consignment documents - penalty

LEGISLATION CITED:

Crimes (Sentencing Procedure) Act 1999 s 3A(b), s 21A(2), s 21A(3)(e), s 21A(3)(f), s 21A(3)(g), s 21A(3)(k), s 22
Road and Rail Transport (Dangerous Goods) Act 1997 s 37(1), s 43
Road Transport Reform (Dangerous Goods) Regulations 1997 (Cth) reg 2.2(1)(a)
Road and Rail Transport (Dangerous Goods) (Road) Regulation 1998 (NSW) s 5

CASES CITED:

Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357;
Environment Protection Authority v Embridge Crest Pty Ltd [2002] NSWLEC 238;
Environment Protection Authority v Hopley [2003] NSWLEC 112;
Environment Protection Authority v Moama Refinery Pty Limited [2002] NSWLEC 244;
Environment Protection Authority v Patrick Distribution Pty Ltd [2006] NSWLEC 123;
R v Thomson (2000) 49 NSWLR 383;
The Queen v De Simoni (1981) 147 CLR 383;
The Queen v Olbrich (1999) 199 CLR 270

DATES OF HEARING:

16/04/2007, 17/04/2007

 
DATE OF JUDGMENT: 

26 April 2007

LEGAL REPRESENTATIVES:

PROSECUTOR
Mr M Buscombe
SOLICITORS
Environment Protection Authority

DEFENDANT
Mr S Stanton
SOLICITORS
DLA Phillips Fox

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Jagot J

26 April 2007

50011 of 2006

ENVIRONMENT PROTECTION AUTHORITY
Prosecutor

MACDERMID OVERSEAS ASIA LTD
Defendant

JUDGMENT

Jagot J:
A. The charge

1 MacDermid Overseas Asia Ltd (the defendant) is an international company that manufactures chemicals in Australia. Its head office is in Revesby, New South Wales, with its warehouses in Queensland, South Australia and Victoria. From those warehouses, the defendant receives and sends products, including dangerous goods, to locations throughout Australia.

2 The defendant has pleaded guilty to a charge that on or about 24 February 2003, at or near Mittagong in the State of New South Wales, it committed an offence against s 37(1) of the Road and Rail Transport (Dangerous Goods) Act 1997. Section 37 provides as follows:

(1) A person involved in the transport of dangerous goods by road or rail who fails to ensure, as far as is practicable, that the goods are transported in a safe manner is guilty of an offence.

(2) If a person involved in the transport of dangerous goods by road or rail fails to comply with a provision of this Act in circumstances where the person knew, or ought reasonably to have known, that the failure would be likely to endanger the safety of another person or of property or the environment, the person is guilty of an offence.

Maximum penalty:
(a) if the failure results in death or serious injury to a person—$100,000 or imprisonment for 4 years, or both, for an individual or $500,000 for a…