Land and Environment Court
of New South Wales
CITATION: Environment Protection Authority v Moama Refinery Pty Limited [2002] NSWLEC 244 PARTIES: PROSECUTOR:
DEFENDANT:
Environment Protection Authority
Moama Refinery Pty LimitedFILE NUMBER(S): 50041 of 2002 CORAM: Bignold J KEY ISSUES: Environmental Offences :- failure by consignor of goods transported by road to ensure as far as practicable that the goods were transported in a safe manner LEGISLATION CITED: Road and Rail Transport (Dangerous Goods) Act 1997, s 37 CASES CITED: R v Olbrich (1999) 199 CLR 270 DATES OF HEARING: 18/11/02 DATE OF JUDGMENT:
12/19/2002LEGAL REPRESENTATIVES: DEFENDANT:
PROSECUTOR:
Mr T Howard, Barrister
SOLICITORS
Solicitor Environment Protection Authority
Mr P Skinner, Barrister
SOLICITORS
Blake Dawson Waldron
JUDGMENT:
IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES
Matter No . 50041 of 2002
Coram : Bignold J
19 December 2002
ENVIRONMENT PROTECTION AUTHORITY
Prosecutor
v
MOAMA REFINERY PTY LIMITED
Defendant
JUDGMENT
Bignold J:
A. INTRODUCTION
1. The Defendant has pleaded guilty to a charge of an offence against the Road and Rail Transport (Dangerous Goods) Act 1997 (the Transport Act) s 37(1) in that on or about 27 April 1999 it, being involved in the transport of dangerous goods by road, did fail to ensure, as far as was practicable, that the goods were transported in a safe manner. The Defendant was the owner and consignor of the goods, but not the transporter. (A separate charge of an offence against the same section has been brought against the transporter but the hearings of these separate charges were not concurrent.)
2. According to the particulars endorsed upon the amended Summons filed in Court at the trial, the relevant details of the offence were as follows:
- a) Dangerous goods
Solvent B Premium and/or Solvent B and/or unleaded petrol and/or naphtha contained within about 144 drums, being dangerous goods class 3 (flammable liquid).
b) Road(s)
Roads in New South Wales from Hillside Lane, Moama, to the Pacific Highway at or near Mount White, including the Cobb Highway, the Hume Highway and the Pacific.
c) Involvement in the transport of the dangerous goods:
· loading and packing the dangerous goods onto truck Federal registration number VV58DW and trailer, Victorian registration 36747S (the vehicle) for transporting by road; and/or
· loading the dangerous goods into the drums that were loaded onto the vehicle for transport by road; and/or
· placarding the vehicle used to transport the dangerous goods by road; and/or
· marking the drums in which the dangerous goods were contained for transport by road;
- d) Acts or omissions constituting a failure to ensure that, as far as was practicable, the dangerous goods were transported in a safe manner:
(i) using drums that leaked; and/or were not structurally sound; and/or were damaged; and/or were defective; and/or were not sealed correctly; and/or were not suitable for transporting dangerous goods;
(iii) transporting the dangerous goods in the vehicle that was not appropriately placarded; and/or failing to ensure the required shipping documentation was carried; and/or…
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- Case
- [2002] NSWLEC 244
- Decision Date
CaseChat Overview and Summary
The court found that the defendant's breach of the statutory duty was serious, considering the multiple deficiencies in the management of the packaging and transport of the dangerous goods, including the use of leaking and poorly maintained drums, inadequate placarding, and insufficient lighting for proper inspection. The court also considered the significant risk of harm to life, property, and the environment that the breach created, which was fortunately averted. The penalty was to be determined by weighing the objective gravity of the offence against the mitigating factors, such as the defendant's guilty plea, genuine contrition, and post-offence improvements in procedures and practices.
After careful consideration of the submissions from both the prosecutor and the defence, the court decided that the offence warranted a penalty of $45,000, which represents a 40% reduction from the maximum prescribed penalty of $250,000. The court also ordered the defendant to pay $4,000 to the prosecutor for the costs reasonably incurred relating to the investigation of the offence and the prosecutor's legal costs.
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Background
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