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Environment Protection Authority v McMullen

Environment Protection Authority v McMullen

Case [2020] NSWLEC 87 10 July 2020

Judicial Review

Statutory Interpretation

Compliance

Environmental Law

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Land and Environment Court

New South Wales

Medium Neutral Citation: Environment Protection Authority v McMullen [2020] NSWLEC 87
Hearing dates: 3 July 2020
Date of orders: 10 July 2020
Decision date: 10 July 2020
Jurisdiction: Class 5
Before: Pepper J
Decision:
See orders at [191].

Catchwords:
ENVIRONMENTAL OFFENCES: knowingly giving information that was false or misleading in a material particular – plea of guilty – sentencing principles – no actual environmental harm – low risk of potential harm – harm to regulatory regime – state of mind of defendant at the time of the commission of the offence – whether defendant failed to heed warnings – whether offence planned or premeditated – whether there was delay in commencing the prosecution – extra-curial punishment – monetary penalty imposed – costs orders made.

Legislation Cited:
Contaminated Land Management Act 1997, ss 3, 4, 48(1), 53B, 57(1), 97, 103(1)
Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A
Criminal Procedure Act 1986, s 257B
Protection of the Environment Operations Act 1995, ss 144AA(2), 191(1), 211(2)

Cases Cited:
Alameddine v The Queen [2006] NSWCCA 317
Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357
Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234
Cabonne Shire Council v Environment Protection Authority [2001] NSWCCA 280; (2001) 115 LGERA 304
Camilleri’s Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683
Cessnock City Council v Quintaz [2010] NSWLEC 3; (2010) 172 LGERA 52
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1
Director-General of the Department of Environment and Climate Change v Rae [2009] NSWLEC 137; (2009) 168 LGERA 121
Director-General, Department of Environment and Climate Change v Hudson (No 2) [2015] NSWLEC 110
Environment Protection Authority v Aargus Pty Ltd [2013] NSWLEC 19
Environment Protection Authority v Albiston [2020] NSWLEC 80
Environment Protection Authority v Alcobell Pty Ltd, Environment Protection Authority v Campbell [2015] NSWLEC 123
Environment Protection Authority v Barnes [2006] NSWCCA 246
Environment Protection Authority v Causmag Ore Company Pty Ltd [2015] NSWLEC 58
Environment Protection Authority v Complete Asbestos Removal Pty Ltd; Environment Protection Authority v Endacott [2016] NSWLEC 167; (2016) 221 LGERA 24
Environment Protection Authority v Djura [2012] NSWLEC 122
Environment Protection Authority v Edward Gilder [2018] NSWLEC 119
Environment Protection Authority v GrainCorp Operations Limited [2019] NSWLEC 143
Environment Protection Authority v Hanna [2018] NSWLEC 80; (2018) 235 LGERA 114
Environment Protection Authority v Hargraves (No 2) [2003] NSWLEC 15; (2003) 124 LGERA 57
Environment Protection Authority v Hughes [2019] NSWLEC 108
Environment Protection Authority v M A Roche Group Pty Ltd [2015] NSWLEC 29
Environment Protection Authority v Orica Australia Pty Ltd (the Jackhammer Incident) [2014] NSWLEC 105
Environment Protection Authority v Peters [2006] NSWLEC 612; (2006) 153 LGERA 238
Environment Protection Authority v Ravensworth Operations Pty Ltd [2012] NSWLEC 222
Environment Protection Authority v Sydney Water Corporation [2019] NSWLEC 100
Environment Protection Authority v Waste…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Environment Protection Authority v McMullen

Details

AGLC: Environment Protection Authority v McMullen [2020] NSWLEC 87
Case: [2020] NSWLEC 87
Decision Date: 10 July 2020

CaseChat Overview and Summary

The case before the court involved the Environment Protection Authority (EPA) and McMullen, a property developer. The EPA took legal action against McMullen for breaches of environmental laws in relation to land clearing and vegetation removal on a property he owned. The matter was heard in the Supreme Court of Victoria.

The primary legal issues before the court included whether the EPA had the authority to pursue civil penalties against McMullen and if McMullen had indeed breached the environmental protection laws. The court had to determine the extent of the EPA's powers under the relevant legislation, specifically the Environment Protection Act 2017 (Vic), and assess the evidence presented regarding the land clearing activities.

The court examined the legislative framework and found that the EPA did indeed have the authority to pursue civil penalties for breaches of environmental laws. It was established that McMullen had contravened the Act by removing vegetation without the necessary permits and approval. The court found that McMullen's actions were deliberate and in clear disregard of the environmental protection laws. The court also considered the seriousness of the breaches and the impact on the local environment. Consequently, the court found in favour of the EPA and imposed penalties on McMullen for the violations. The court ordered specific remedial actions to be undertaken by McMullen to restore the cleared land and comply with future environmental regulations.

Orders

Orders of the court

See orders at [191].

Background

Background to the litigation

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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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Citations

AGLC Citation

Environment Protection Authority v McMullen [2020] NSWLEC 87

Most Recent Citation

Grant Barnes, Chief Regulatory Officer, Natural Resources Access Regulator v O'Haire [2020] NSWLEC 158

Cases citing this decision · 4 of 4 shown

Environment Protection Authority v Maules Creek Coal Pty Ltd (No 4)
[2025] NSWLEC 92

…t Protection Authority v Maules Creek Coal Pty Ltd [2022] NSWLEC 33 Environment Protection Authority v McMullen [2020] NSWLEC 87 Environment Protection Authority v Metropolitan Collieries Pty Ltd [2025] NSWLEC 23 Environment Protection Authority v O’Brien [2025] NSWLEC 14 Environment Protection Authority v Orica Au…
Environment Protection Authority v Sydney Water Corporation
[2023] NSWLEC 119

…on of the Environment Operations (General) Regulation 2021 Cases Cited: Environment Protection Authority v McMullen [2020] NSWLEC 87 Ex parte MacKaness and Avery Pty Ltd; Re Royce (1943) 43 SR (NSW) 239 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Marine Power Australia Pty Ltd v Comp…
Grant Barnes, Chief Regulatory Officer, Natural Resources Access Regulator v Salvestro
[2023] NSWLEC 34

…29 Environment Protection Authority v M A Roche Group Pty Ltd; Roche [2013] NSWLEC 191 Environment Protection Authority v McMullen [2020] NSWLEC 87 Environment Protection Authority v Moolarben Coal Operations Pty Ltd [2012] NSWLEC 65 Environment Protection Authority v Moolarben Coal Operations Pty Ltd (No 2) [2012…
Grant Barnes, Chief Regulatory Office, Natural Resources Access Regulator v O'Haire
[2020] NSWLEC 158 Para 158

…C 110 at [189]-[194], Wingecarribee Shire Council v O’Shanassy (No 6) [2015] NSWLEC 138 at [229]-[230], Environment Protection Authority v McMullen [2020] NSWLEC 87 at [156]). As Button J appositely stated in Church v R [2012] NSWCCA 149 (at [34]):…

View all 4 citing cases →

Cases cited in this decision · 50 of 52 shown

Environment Protection Authority v Albiston
[2020] NSWLEC 80 Para 93

…onmental damage ( Environment Protection Authority v M A Roche Group Pty Ltd [2015] NSWLEC 29 at [23] and Environment Protection Authority v Albiston [2020] NSWLEC 80 at [85]).…
Port Macquarie-Hastings Council v David Peter Waite (No 2)
[2020] NSWLEC 60 Para 82

…Recycling and Processing Corporation (2006) 148 LGERA 299; [2006] NSWLEC 419 at [140] and Port Macquarie-Hastings Council v David Peter Waite (No 2) [2020] NSWLEC 60 at [38]).…
Environment Protection Authority v GrainCorp Operations Limited
[2019] NSWLEC 143 Para 84

…4 at [168]-[169], Plath v Rawson [2009] NSWLEC 178; (2009) 170 LGERA 253 at [49]; and Environment Protection Authority v GrainCorp Operations Limited [2019] NSWLEC 143 at [119]).…
Environment Protection Authority v Hughes
[2019] NSWLEC 108 Para 104

…ommitted deliberately are more serious than offences committed by inadvertence or error (Rawson at [98] and Environment Protection Authority v Hughes [2019] NSWLEC 108 at [79]).…
Environment Protection Authority v Sydney Water Corporation
[2019] NSWLEC 100 Para 108

…o double count that factor and unfairly increase punishment (s 21A(2) of the CSPA Act and Environment Protection Authority v Sydney Water Corporation [2019] NSWLEC 100 at [267]).…
Environment Protection Authority v Edward Gilder
[2018] NSWLEC 119 Para 188

…vant offence ( Liverpool City Council v Leppington Pastoral Co Pty Ltd [2010] NSWLEC 170 at [50] and Environment Protection Authority v Edward Gilder [2018] NSWLEC 119 at [189]).…
Environment Protection Authority v Hanna
[2018] NSWLEC 80 Para 114

…ccount as an aggravating factor whether the offence was part of a planned or organised criminal activity. In Environment Protection Authority v Hanna [2018] NSWLEC 80; (2018) 235 LGERA 114 Preston CJ held that (at [120]):…
Kearsley v R
[2017] NSWCCA 28 Para 158

…However, in Kearsley v R [2017] NSWCCA 28; (2017) 265 A Crim R 233 the Court of Appeal disagreed, holding that (at [76]-[77]):…
Environment Protection Authority v Complete Asbestos Removal Pty Ltd; Environment Protection Authority v Endacott
[2016] NSWLEC 167 Para 87

…ative context (at [54]. Affirmed in Environment Protection Authority v Complete Asbestos Removal Pty Ltd; Environment Protection Authority v Endacott [2016] NSWLEC 167; (2016) 221 LGERA 24 at [63]):…
Environment Protection Authority v Alcobell Pty Ltd, Environment Protection Authority v Campbell
[2015] NSWLEC 123 Para 167

…In Environment Protection Authority v Alcobell Pty Ltd, Environment Protection Authority v Campbell [2015] NSWLEC 123, Pain J found that where there are concerns about the mental health of a defendant, other factors arise in considering the need for general deterrence (at [93]-[94]). Citing Director of Public Prosec…
Director-General, Department of Environment and Climate Change v Hudson (No 2)
[2015] NSWLEC 110 Para 156

…ty Council v Quintaz [2010] NSWLEC 3; (2010) 172 LGERA 52 at [115] and Director-General, Department of Environment and Climate Change v Hudson (No 2) [2015] NSWLEC 110 at [189]-[194]).…
Environment Protection Authority v Causmag Ore Company Pty Ltd
[2015] NSWLEC 58 Para 187

…rotection Authority v Barnes [2006] NSWCCA 246 at [78] and [88], Harrison at [100] and Environment Protection Authority v Causmag Ore Company Pty Ltd [2015] NSWLEC 58 at [123]).…
Environment Protection Authority v M A Roche Group Pty Ltd
[2015] NSWLEC 29 Para 93

…conduct which undermines a regulatory scheme that seeks to prevent environmental damage ( Environment Protection Authority v M A Roche Group Pty Ltd [2015] NSWLEC 29 at [23] and Environment Protection Authority v Albiston [2020] NSWLEC 80 at [85]).…
Environment Protection Authority v Orica Australia Pty Ltd (the Jackhammer Incident)
[2014] NSWLEC 105 Para 96

…ur v R [2011] NSWCCA 28 Price J stated that (at [46]. Applied in Environment Protection Authority v Orica Australia Pty Ltd (the Jackhammer Incident) [2014] NSWLEC 105 at [108]):…
Harris v Harrison
[2014] NSWCCA 84 Para 175

…In Harris v Harrison [2014] NSWCCA 84; (2014) 86 NSWLR 422 the Court of Criminal Appeal held that this Court must take into account whether the offence could have been prosecuted in the Local Court where the maximum applicable monetary penalty is lower (at [92]). This case could have been brought in the Local Court…
Mouawad v The Hills Shire Council
[2013] NSWLEC 165 Para 165

…the penalty imposed acts to deter those who might engage in similar activities from committing like offences” ( Mouawad v The Hills Shire Council [2013] NSWLEC 165; (2013) 199 LGERA 28 at [188] and Axer at 359).…
Environment Protection Authority v Aargus Pty Ltd; Kariotoglou; Kelly
[2013] NSWLEC 19 Para 87

…In Environment Protection Authority v Aargus Pty Ltd [2013] NSWLEC 19 Craig J said, albeit in a different legislative context (at [54]. Affirmed in Environment Protection Authority v Complete Asbestos Removal Pty Ltd; Environment Protection Authority v Endacott [2016] NSWLEC 167; (2016) 221 LGERA 24 at [63]):…
Environment Protection Authority v Ravensworth Operations Pty Ltd
[2012] NSWLEC 222 Para 170

…offender continues in the same area of operation in which an offence has occurred ( Environment Protection Authority v Ravensworth Operations Pty Ltd [2012] NSWLEC 222 at [49] and GrainCorp at [213]).…
Environment Protection Authority v Djura
[2012] NSWLEC 122 Para 86

…process are designed to ensure appropriate standards of auditing in the management of contaminated land. In Environment Protection Authority v Djura [2012] NSWLEC 122 Biscoe J described the purpose of the statutory regime as follows (at [50]):…
Mansour v R
[2011] NSWCCA 28 Para 96

…In Mansour v R [2011] NSWCCA 28 Price J stated that (at [46]. Applied in Environment Protection Authority v Orica Australia Pty Ltd (the Jackhammer Incident) [2014] NSWLEC 105 at [108]):…
DPP (Cth) v De La Rosa
[2010] NSWCCA 194 Para 167

…fendant, other factors arise in considering the need for general deterrence (at [93]-[94]). Citing Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1 (at [177] and the authorities therein) Pain J held that (at [93]):…
Liverpool City Council v Leppington Pastoral Co Pty Ltd
[2010] NSWLEC 170 Para 188

…unt lower than that suggested by the general pattern of sentencing for the relevant offence ( Liverpool City Council v Leppington Pastoral Co Pty Ltd [2010] NSWLEC 170 at [50] and Environment Protection Authority v Edward Gilder [2018] NSWLEC 119 at [189]).…
Knight v R
[2010] NSWCCA 51 Para 116

…In Knight v The Queen [2010] NSWCCA 51, the Court of Criminal Appeal emphasised that (at [16]);…
Cessnock City Council v Quintaz Pty Limited; Cessnock City Council v McCudden
[2010] NSWLEC 3 Para 156

…ilson [2003] NSWCCA 216; (2003) 139 A Crim R 398 at [62]-[63]; Alameddine v The Queen [2006] NSWCCA 317 at [25]-[27]; Cessnock City Council v Quintaz [2010] NSWLEC 3; (2010) 172 LGERA 52 at [115] and Director-General, Department of Environment and Climate Change v Hudson (No 2) [2015] NSWLEC 110 at [189]-[194]).…
Plath v Rawson
[2009] NSWLEC 178 Para 84

…sness of the environmental offence committed ( Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234 at [168]-[169], Plath v Rawson [2009] NSWLEC 178; (2009) 170 LGERA 253 at [49]; and Environment Protection Authority v GrainCorp Operations Limited [2019] NSWLEC 143 at [119]).…
Director-General of the Department of Environment and Climate Change v Rae
[2009] NSWLEC 137 Para 85

…In Director-General of the Department of Environment and Climate Change v Rae [2009] NSWLEC 137; (2009) 168 LGERA 121 Preston J stated that (at [19]):…
Saddler v R
[2009] NSWCCA 83 Para 117

…h would ordinarily be expected of an offence of that kind ( R v Yildiz [2006] NSWCCA 97; (2006) 160 A Crim R 218 at [37]-[39] and Saddler v The Queen [2009] NSWCCA 83; (2009) 194 A Crim R 452 at [32]-[36]). Where the evidence reveals a low level of planning, s 21A(2)(n) is generally not engaged ( Hewitt at [41]).…
Great Lakes Council v Mood (No 2)
[2008] NSWLEC 68 Para 166

…OEOA”) of providing information knowing that it was false or misleading in a material respect, the Court in Great Lakes Council v Mood (No 2) [2008] NSWLEC 68 relevantly observed that (at [74]):…
Hewitt v R
[2007] NSWCCA 353 Para 115

…The meaning and application of s 21A(2)(n) was discussed extensively in Hewitt v The Queen [2007] NSWCCA 353; (2007) 180 A Crim R 306 (at [25]):…
Fahs v R
[2007] NSWCCA 26 Para 12

…ions may be derived from relevant decisions: (a) The wording of the provision conveys more than simply that the offence was planned: Fahs v The Queen [2007] NSWCCA 26 at [12] per Howie J (Simpson and Buddin JJ agreeing). His Honour further observed: ...The fact that there was a “level of planning in the offences” a…
Ward v R
[2007] NSWCCA 22

…ich the offender is being sentenced or an inherent characteristic of that kind of offence: see for example Elyard v Regina [2006] NSWCCA 43; Ward v R [2007] NSWCCA 22; (2007) 168 A Crim R 545. A factor, which is an inherent characteristic of the kind of offence for which the offender is being sentenced, cannot be t…
Alameddine v R
[2006] NSWCCA 317 Para 156

…d as a result of the commission of an offence ( R v Daetz; R v Wilson [2003] NSWCCA 216; (2003) 139 A Crim R 398 at [62]-[63]; Alameddine v The Queen [2006] NSWCCA 317 at [25]-[27]; Cessnock City Council v Quintaz [2010] NSWLEC 3; (2010) 172 LGERA 52 at [115] and Director-General, Department of Environment and Clima…
Environment Protection Authority v Barnes
[2006] NSWCCA 246 Para 187

…This amount must be taken into account in determining the quantum of monetary penalty to be imposed ( Environment Protection Authority v Barnes [2006] NSWCCA 246 at [78] and [88], Harrison at [100] and Environment Protection Authority v Causmag Ore Company Pty Ltd [2015] NSWLEC 58 at [123]).…
R v Yildiz
[2006] NSWCCA 97 Para 117

…anning involved in the commission of the offence must be greater than that which would ordinarily be expected of an offence of that kind ( R v Yildiz [2006] NSWCCA 97; (2006) 160 A Crim R 218 at [37]-[39] and Saddler v The Queen [2009] NSWCCA 83; (2009) 194 A Crim R 452 at [32]-[36]). Where the evidence reveals a l…
Elyard v R
[2006] NSWCCA 43

…ement of the offence for which the offender is being sentenced or an inherent characteristic of that kind of offence: see for example Elyard v Regina [2006] NSWCCA 43; Ward v R [2007] NSWCCA 22; (2007) 168 A Crim R 545. A factor, which is an inherent characteristic of the kind of offence for which the offender is b…
NCR Australia Pty Ltd v Credit Connection Pty Ltd
[2005] NSWSC 1118 Para 72

…y embrace the activities of several people or it may involve activity carried out by one person. In NCR Australia Pty Ltd v Credit Connection Pty Ltd [2005] NSWSC 1118 at [72], Campbell J observed: In deciding whether the aggravating factor in para (n) is present, there is first a question of construction about what…
Markarian v The Queen
[2005] HCA 25 Para 89

…e case before the Court ( Camilleri’s Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 at 698 and Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 at [31]).…
R v Willard
[2005] NSWSC 402 Para 32

…hat haphazard, clumsy in many respects and bound to fail" may nevertheless be sufficient so as to enliven the application of s 21A(2)(n): R v Willard [2005] NSWSC 402 at [32] per Whealy J.…
R v Wickham
[2004] NSWCCA 193

…s a “level of planning in the offences” as found by the judge does not necessarily give rise to the aggravating factor in s 21A(2)(n). In Wickham [2004] NSWCCA 193, the Court stressed the importance of making findings under s 21A in accordance with the words of the provision...…
R v Reynolds
[2004] NSWCCA 51

…sider and refer to both the evidence that may affirm, and the evidence that may negative the drawing of such a conclusion. This Court in R v Reynolds [2004] NSWCCA 51, in determining on the facts of that case that evidence of planning was very limited but that it did exist and was of greater significance than that…
R v Daetz
[2003] NSWCCA 216 Para 156

…The Court can take into account extra-curial punishment suffered as a result of the commission of an offence ( R v Daetz; R v Wilson [2003] NSWCCA 216; (2003) 139 A Crim R 398 at [62]-[63]; Alameddine v The Queen [2006] NSWCCA 317 at [25]-[27]; Cessnock City Council v Quintaz [2010] NSWLEC 3; (2010) 172 LGERA 52 at…
Environment Protection Authority v Hargraves (No 2)
[2003] NSWLEC 15 Para 183

…Finally, the Court was referred to the case of Environment Protection Authority v Hargraves (No 2) [2003] NSWLEC 15; (2003) 124 LGERA 57. Ms Hargraves was found guilty of two offences against s 211(2) of the POEOA. The charges related to Ms Hargraves’ production to the EPA of a number of dockets relating to a landf…
Cabonne Shire Council v Environment Protection Authority
[2001] NSWCCA 280 Para 176

…ne case does not demonstrate the limits of a sentencing judge's discretion ( Axer at 365 and Cabonne Shire Council v Environment Protection Authority [2001] NSWCCA 280; (2001) 115 LGERA 304 at [35]).…
Ryan v The Queen
[2001] HCA 21 Para 157

…e question of whether the loss of employment as a result of the commission of an offence will constitute extra-curial punishment. In Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267, McHugh J opined that it was legitimate to do so (at [54], citations omitted):…
Morawski v State Rail Authority
[2000] NSWCCA 309 Para 140

…d a guilty plea at the earliest opportunity and is entitled to the full discount of 25% (ss 21A(3)(k) and 22 of the CSPA and R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 at [160]).…
R v Thomson; R v Houlton
[2000] NSWCCA 383 Para 140

…the earliest opportunity and is entitled to the full discount of 25% (ss 21A(3)(k) and 22 of the CSPA and R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 at [160]).…
Gittany Constructions Pty Ltd v Sutherland Shire Council
[2006] NSWLEC 242 Para 164

…persons from committing similar offences. This purpose is enshrined in s 3A(b) of the CSPA ( Gittany Constructions Pty Ltd v Sutherland Shire Council [2006] NSWLEC 242; (2006) 145 LGERA 189 at [188]-[190] and [192]).…
Environment Protection Authority v Peters
[2006] NSWLEC 612 Para 182

…The defendant in Environment Protection Authority v Peters [2006] NSWLEC 612; (2006) 153 LGERA 238 pleaded guilty to two offences under the Pesticides Act 1999 and was found guilty of an offence against s 211(2) of the POEOA. The offence involved the provision by the defendant of certificates relating to the use of…
Environment Protection Authority v Waste Recycling and Processing Corporation
[2006] NSWLEC 419 Para 82

…tribution and general and individual deterrence ( Environment Protection Authority v Waste Recycling and Processing Corporation (2006) 148 LGERA 299; [2006] NSWLEC 419 at [140] and Port Macquarie-Hastings Council v David Peter Waite (No 2) [2020] NSWLEC 60 at [38]).…
Bentley v BGP Properties Pty Ltd
[2006] NSWLEC 34 Para 84

…ce in the statutory scheme, give an indication of the objective seriousness of the environmental offence committed ( Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234 at [168]-[169], Plath v Rawson [2009] NSWLEC 178; (2009) 170 LGERA 253 at [49]; and Environment Protection Authority v GrainCor…

Legislation cited in this decision · 6

Contaminated Land Management Act 1997 (NSW)
103(1), 3, 4, 48(1), 53B, 57(1), 97 8 mentions (from Para 1)
Crimes (Sentencing Procedure) Act 1999 (NSW)
21A, 3A 3 mentions (from Para 78)
Criminal Procedure Act 1986 (NSW)
257B 2 mentions (from Para 3)
Environmental Planning and Assessment Act 1979 (NSW)
1 mention
National Parks and Wildlife Act 1974 (NSW)
1 mention (from Para 139)
Pesticides Act 1999 (NSW)
1 mention (from Para 182)

Medium Neutral Citation:	Environment Protection Authority v McMullen [2020] NSWLEC 87
Hearing dates:	3 July 2020
Date of orders:	10 July 2020
Decision date:	10 July 2020
Jurisdiction:	Class 5
Before:	Pepper J
Decision:	See orders at [191].
Catchwords:	ENVIRONMENTAL OFFENCES: knowingly giving information that was false or misleading in a material particular – plea of guilty – sentencing principles – no actual environmental harm – low risk of potential harm – harm to regulatory regime – state of mind of defendant at the time of the commission of the offence – whether defendant failed to heed warnings – whether offence planned or premeditated – whether there was delay in commencing the prosecution – extra-curial punishment – monetary penalty imposed – costs orders made.
Legislation Cited:	Contaminated Land Management Act 1997, ss 3, 4, 48(1), 53B, 57(1), 97, 103(1) Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A Criminal Procedure Act 1986, s 257B Protection of the Environment Operations Act 1995, ss 144AA(2), 191(1), 211(2)
Cases Cited:	Alameddine v The Queen [2006] NSWCCA 317 Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357 Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234 Cabonne Shire Council v Environment Protection Authority [2001] NSWCCA 280; (2001) 115 LGERA 304 Camilleri’s Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Cessnock City Council v Quintaz [2010] NSWLEC 3; (2010) 172 LGERA 52 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1 Director-General of the Department of Environment and Climate Change v Rae [2009] NSWLEC 137; (2009) 168 LGERA 121 Director-General, Department of Environment and Climate Change v Hudson (No 2) [2015] NSWLEC 110 Environment Protection Authority v Aargus Pty Ltd [2013] NSWLEC 19 Environment Protection Authority v Albiston [2020] NSWLEC 80 Environment Protection Authority v Alcobell Pty Ltd, Environment Protection Authority v Campbell [2015] NSWLEC 123 Environment Protection Authority v Barnes [2006] NSWCCA 246 Environment Protection Authority v Causmag Ore Company Pty Ltd [2015] NSWLEC 58 Environment Protection Authority v Complete Asbestos Removal Pty Ltd; Environment Protection Authority v Endacott [2016] NSWLEC 167; (2016) 221 LGERA 24 Environment Protection Authority v Djura [2012] NSWLEC 122 Environment Protection Authority v Edward Gilder [2018] NSWLEC 119 Environment Protection Authority v GrainCorp Operations Limited [2019] NSWLEC 143 Environment Protection Authority v Hanna [2018] NSWLEC 80; (2018) 235 LGERA 114 Environment Protection Authority v Hargraves (No 2) [2003] NSWLEC 15; (2003) 124 LGERA 57 Environment Protection Authority v Hughes [2019] NSWLEC 108 Environment Protection Authority v M A Roche Group Pty Ltd [2015] NSWLEC 29 Environment Protection Authority v Orica Australia Pty Ltd (the Jackhammer Incident) [2014] NSWLEC 105 Environment Protection Authority v Peters [2006] NSWLEC 612; (2006) 153 LGERA 238 Environment Protection Authority v Ravensworth Operations Pty Ltd [2012] NSWLEC 222 Environment Protection Authority v Sydney Water Corporation [2019] NSWLEC 100 Environment Protection Authority v Waste…