Environment Protection Authority v Snowy Hydro Ltd

Land and Environment Court

of New South Wales

CITATION:

Environment Protection Authority v Snowy Hydro Ltd and Ors [2007] NSWLEC 822

PARTIES:

PROSECUTOR
Environment Protection Authority

DEFENDANT in 50039 of 2007
Snowy Hydro Limited

DEFENDANT in 50040 of 2007
FRH Group Pty Limited

FILE NUMBER(S):

50039 of 2007 and 50040 of 2007

CORAM:

Preston CJ

KEY ISSUES:

Practice and Procedure :- criminal offences - sentencing - co-offenders - joint sentencing hearing - whether should be ordered

Environmental Offences:- sentencing - co-offenders - joint sentencing hearing - whether should be ordered

LEGISLATION CITED:

Protection of the Environment Operations Act 1997 s 120

CASES CITED:

Lowe v The Queen (1984) 154 CLR 606;
R v Horne [2004] NSWCCA 8;
R v Diep [2000] NSWCCA 472;
Goddard v R [1999] WASCA 281;
R v Christianos (1983) 34 SASR 316;
R v Weekes & Ors (1982) 74 Cr App R 161;
R v Chan Kwok Hung [1996] 4 HKC 559;
HKSAR v Lam Chi Keung, unreported, Hong Kong Court of Appeal, (Power V-P, Liu and Stuart-Moore JJA), 9 December 1998

DATES OF HEARING:

6 December 2007

EX TEMPORE JUDGMENT DATE:

6 December 2007

LEGAL REPRESENTATIVES:

PROSECUTOR
Mr T Howard (Barrister)
SOLICITORS
Department of Environment and Climate Change

DEFENDANT in 50039 of 2007
Mr D Buchanan SC with him Mr D Jordan (Barrister)
SOLICITORS
Baker & McKenzie Solicitors

DEFENDANT in 50040 of 2007
Mr I Lloyd QC
SOLICITORS
Minter Ellison Lawyers

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

PRESTON CJ

6 DECEMBER 2007

50039 OF 2007 and 50040 OF 2007

ENVIRONMENT PROTECTION AUTHORITY V SNOWY HYDRO LIMITED and FRH GROUP PTY LIMITED

JUDGMENT

1 HIS HONOUR: The prosecutor moves on a notice of motion that proceedings brought against two defendants for offences under s 120 of the Protection of the Environment Operations Act 1997 relating to a set of events at the Jindabyne Dam on the Snowy River, be the subject of a joint sentence hearing.

2 Both defendants have pleaded guilty to the charges, however there are different versions of certain facts as to what occurred and hence of the culpability of each of the defendants.

3 The defendant in proceedings 50040/07, FRH Group Pty Limited, consents to the prosecutor’s motion that there be a joint sentence hearing. The other defendant in proceedings 50039/07, Snowy Hydro Limited, does not consent.

4 Both the prosecutor’s counsel and the senior counsel for FRH Group Pty Limited, have referred the court to the relevant authorities. They are Lowe v The Queen (1984) 154 CLR 606 at 617; R v Horne [2004] NSWCCA 8 at [48]; R v Diep [2000] NSWCCA 472 at [16]; Goddard v R [1999] WASCA 281 at [23] and [34]; R v Christianos (1983) 34 SASR 316 at 317; R v Weekes & Ors (1982) 74 Cr App R 161 at 166; R v Chan Kwok Hung [1996] 4 HKC 559 at 562; HKSAR v Lam Chi Keung, unreported, Hong Kong Court of…