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ARTICLE · 19 APRIL 2018

Linc Energy convicted of causing serious environmental harm, but avoids liability under EPO

Corrs Chambers Westgarth
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This case is useful when determining if EPO obligations are liabilities 'in respect of' validly disclaimed property'.

AustraliaEnergy and Natural Resources
Henry Prokuda
Henry Prokuda
Jacqui Vera
Jacqui Vera
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On 9 April 2018 Linc Energy Ltd (in liquidation) was convicted of causing serious environmental harm at its pilot underground coal gasification facility near Chinchilla, Queensland.

Administrators were appointed to the company on 15 April 2016. On 23 May they were appointed liquidators after creditors resolved that the company be wound up.

The liquidators did not defend the charges brought against the company by the Department of Environment and Heritage Protection (now the Department of Environment and Science (DES)), consequently the conviction is unsurprising. The DES is now expected to pursue a number of executive officers (as defined in the Environmental Protection Act 1994 (EPA)) for offences under section 493 of the EPA (executive officer liability provisions).

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