Environment Protection Authority v GrainCorp Operations Limited

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

10/09/2019

LITIGATION TYPE

Corporate Accountability

SUBJECT MATTER

Environmental harm

REVIEW TYPE

N/A

SUMMARY

ENVIRONMENTAL OFFENCES: breach of environmental protection license condition – plea of guilty – incorrect calculation of emission rate of methyl bromide and phosphine during fumigation – sentencing principles – determination of the objective seriousness of the offence – no actual environmental harm – low potential for harm to the environment and human health – subjective circumstances of the defendant – no prior convictions – discount for early guilty plea – assistance to authorities – comparable cases – monetary penalty imposed – publication orders made, including on social media – costs ordered

CASE DOCUMENTS

Environment Protection Authority v GrainCorp Operations Limited [2019] NSWLEC 143