Harwood Andrews recently acted for a large heavy vehicle transport company in relation to a fuel spill in Victoria. Following a minor incident that damaged the client’s vehicle, a substantial amount of fuel leaked due to an undetected defective part on the vehicle. The fuel entered the local creek resulting in the death of several fish and wildlife. Police officers diverting people from the scene were also affected by the fumes from the spill and required treatment. Harwood Andrews recovered the client’s loss arising from the incident from the suppliers of the defective part.

The Environment Protection Authority (EPA) launched a prosecution against the client on five strict liability charges related to the incident, with maximum penalties of approximately $1.4 million. The charges were negotiated to one charge and no conviction was recorded. Rather than fines, a program was negotiated pursuant to section 67AC(2)(a) of the Environment Protection Act 1970 for the client to make payments totalling less than $100,000 to local environmental and nature groups plus the EPA’s costs of the prosecution.

For further information on anything in this article or related issues please contact the author:

Simon Francis
Senior Associate
03 9611 0160
sfrancis@harwoodandrews.com.au