Environment Protection Authority v Moolarben Coal Operations Pty Ltd (No 2)

The Environment Protection Authority brought an action against Moolarben Coal Operations Pty Ltd in the Land and Environment Court of New South Wales, seeking convictions and penalties for breaches of environmental protection laws. The authority alleged that Moolarben Coal Operations Pty Ltd contravened section 120(1) of the Protection of the Environment Operations Act 1997 by failing to take reasonable steps to prevent pollution of a watercourse. The alleged pollution occurred at a coal mining site in the state's northwest. Moolarben Coal Operations Pty Ltd admitted to the breach but contested the severity of the penalty. The court was required to determine whether the breach warranted the proposed fines and other penalties, and if so, the appropriate amount.

The court considered the nature of the breach, the impact on the environment, and the company's compliance history. It found that the breach was serious and had significant environmental consequences, leading to the pollution of a watercourse. The court noted that Moolarben Coal Operations Pty Ltd had a history of non-compliance and had been previously sanctioned for similar breaches. In determining the penalty, the court took into account the seriousness of the offence, the company's culpability, and the need for deterrence. The court concluded that the proposed fines and other penalties were appropriate to achieve these objectives.

Accordingly, Moolarben Coal Operations Pty Ltd was convicted of the offence and fined $112,500. The court also ordered the company to pay the prosecutor's legal and investigation costs, and to publish a notice of conviction in two newspapers. The court emphasised the importance of environmental protection and the need for companies to comply with environmental laws to prevent harm to the environment and the community.