Environment Protection Authority v Shoalhaven Starches

The Environment Protection Authority (EPA) brought proceedings against Shoalhaven Starches, a subsidiary of Manildra Group Limited, for an offence under section 109 of the Protection of the Environment Operations Act 1997 (NSW). The dispute centred around Shoalhaven Starches' failure to comply with a notice to cease operations at their wheat starch processing plant in Bomaderry, issued by the EPA due to illegal discharge of pollutants into the Bomaderry Creek. The case was heard in the Local Court of New South Wales.

The primary legal issue for the court to decide was whether Shoalhaven Starches had contravened the notice issued by the EPA. The court also needed to determine appropriate penalties and remedial actions to be imposed on the defendant. The court considered the seriousness of the offence, the impact of the illegal discharge on the environment, and the defendant's history of non-compliance with environmental regulations.

The court found that Shoalhaven Starches had indeed contravened the EPA's notice, given clear evidence of the illegal discharge and the defendant's subsequent failure to cease operations as directed. In assessing the appropriate penalties and remedial actions, the court took into account the severity of the environmental harm caused, the defendant's previous history of non-compliance, and the need for deterrence and rehabilitation. The court imposed a fine of $125,000 and ordered the defendant to publish notices in local and metropolitan newspapers, place a notice on their website, conduct an environmental audit, and pay the prosecutor's costs.

In addition to the fine and publication orders, the court mandated an environmental audit to be carried out by Shoalhaven Starches, with specific steps to be taken as outlined in annexure "B". These steps are aimed at ensuring that the company complies with all relevant environmental regulations in the future. The court also ordered the return of the exhibits used in the case.