Who was sanctioned, and for what?

The Supreme Court of New South Wales, on application by the Australian Securities and Investments Commission (ASIC, Australia's corporate, markets and financial services regulator), imposed penalties totalling 7.3 million AUD on the fund manager: 2.3 million AUD for misleading statements (s 12DF ASIC Act) and 5 million AUD for breaching its duty of care and diligence as responsible entity (s 601FC(1)(b) Corporations Act). Between October 2019 and May 2024 the Diversified Social Aspirations Fund, marketed as socially responsible, held through underlying funds interests in companies that derived revenue from fossil fuels, among others, even though the product documents promised certain exclusions and ongoing monitoring; the company did not respond to investor concerns by amending its statements.

Authority / court

Supreme Court of New South Wales (auf Antrag der Australian Securities and Investments Commission, ASIC)

Area of law

Environment and sustainability · Misleading environmental and sustainability claims

Legal basis

ASIC Act 2001 (Cth) s 12DF (Geldbuße nach s 12GBB); Corporations Act 2001 (Cth) s 601FC(1)(b) (Geldbuße nach s 1317G)

Action

Fine

Status of proceedings

unknown

Sector

Financial services and insurance

Culpability

negligent

Repeat case

no

Mitigating circumstances

Admissions, cooperation throughout the proceedings and contrition; since the proceedings began, an independent review of the product documents; no previous court findings.

Liability of senior managers

According to the agreed facts, senior management was involved (the company's then Executive Chair and Head of Investments).

Published

12 Aug 2026

Original amount 7,300,000 AUD, converted at the ECB reference rate of 11 Aug 2026.

Checked against the official source on 3 Oct 2026 · Direct link

In two incidents in July and August 2022 around 423,000 litres of untreated sewage escaped in Carramar because plant had not been properly maintained, affecting a residential property, a sports field, bushland and Prospect Creek. After a guilty plea, the Land and Environment Court convicted Sydney Water and imposed AUD 225,000 for breaching its environment protection licence and AUD 15,000 for failing without lawful excuse to provide CCTV footage requested by the EPA.

Authority / court

NSW Environment Protection Authority (EPA NSW) / Land and Environment Court of NSW

Area of law

Environment and sustainability · Emissions and permits

Legal basis

Bedingungen der Environment Protection Licence; Pflicht zur Vorlage von Informationen und Unterlagen gegenüber der EPA NSW

Action

Fine

Status of proceedings

unknown

Sector

Energy and utilities

Mitigating circumstances

25% discount for an early guilty plea.

Published

7 May 2026

Original amount 240,000 AUD, converted at the ECB reference rate of 7 May 2026.

Checked against the official source on 3 Oct 2026 · Direct link

In June and July 2020 contractors of the state-owned forestry corporation felled six giant trees and three hollow-bearing trees in Wild Cattle Creek State Forest near Coffs Harbour that should have been retained under the Coastal Integrated Forestry Operation Approval. On the EPA’s prosecution, the Land and Environment Court convicted the corporation and found harm to koala habitat and cultural harm to the Gumbaynggirr people; following a restorative justice conference, the AUD 450,000 penalty goes to the Yurruungga Aboriginal Corporation for remediation projects. The corporation must also commission an independent audit of its procedures and publish the conviction.

Authority / court

NSW Environment Protection Authority (EPA NSW) / Land and Environment Court of NSW

Area of law

Environment and sustainability · Emissions and permits

Legal basis

Coastal Integrated Forestry Operation Approval (NSW)

Action

Fine

Status of proceedings

unknown

Sector

Public sector

Repeat case

yes

Published

16 Mar 2026

Original amount 450,000 AUD, converted at the ECB reference rate of 16 Mar 2026.

Checked against the official source on 3 Oct 2026 · Direct link

Clarence Colliery Pty Ltd, a subsidiary of Centennial Coal Company, was sentenced by the Land and Environment Court of NSW after pleading guilty to five offences under the Protection of the Environment Operations Act 1997, after untreated mine water with elevated nickel and zinc levels from the coal mine near Lithgow entered the Wollangambe River in December 2023 and April 2024. The offences comprised two water pollution offences, a licence breach, non-compliance with a prevention notice and a pollution incident response plan that had not been tested for 269 days. The court imposed fines totalling 543,500 AUD and ordered 86,500 AUD for rehabilitation of Long Swamp; in addition, the EPA's legal and investigation costs of 170,000 AUD and 15,548 AUD are payable.

Authority / court

NSW Environment Protection Authority (EPA NSW)

Area of law

Environment and sustainability · Emissions and permits

Legal basis

Protection of the Environment Operations Act 1997 (NSW) s 120(1) (zwei Fälle), s 64(1), s 97(1), s 153E; Zahlungsanordnung nach s 250(1)(e)

Action

Fine

Status of proceedings

unknown

Sector

Energy and utilities

Repeat case

yes

Mitigating circumstances

Early guilty pleas (25% discount).

Published

23 Feb 2026

Original amount 543,500 AUD, converted at the ECB reference rate of 20 Feb 2026.

Checked against the official source on 3 Oct 2026 · Direct link

A County Court jury convicted SKM Services Pty Ltd of aggravated pollution – having negligently caused or allowed an environmental hazard that created a considerable risk of serious danger to public health – and of three counts of air pollution; the company was fined 1.14 million AUD. The 2017 fire at the recycling plant in Coolaroo had spread through stockpiles of cardboard and other recyclables, burned for more than a week and led to evacuations in the neighbourhood; according to the court's findings, the company and its director contributed to the extent of the pollution by increasing the volumes stored although an earlier fire had reduced the processing capacity. Measures against individuals are not set out here.

Authority / court

Environment Protection Authority Victoria (EPA Victoria)

Area of law

Environment and sustainability · Waste and hazardous substances

Legal basis

Environment Protection Act 1970 (Vic): schwere Umweltverschmutzung (aggravated pollution), Luftverschmutzung

Action

Fine

Status of proceedings

unknown

Sector

Other

Culpability

negligent

Liability of senior managers

Measures against individuals are not set out here.

Published

16 Apr 2025

Original amount 1,140,000 AUD, converted at the ECB reference rate of 16 Apr 2025.

Checked against the official source on 3 Oct 2026 · Direct link

Cadia Holdings Pty Ltd, a Newmont Mining company (formerly Newcrest Mining), was sentenced by the Land and Environment Court of NSW after pleading guilty to three offences under s 128(1)(b) of the Protection of the Environment Operations Act 1997, because poorly operated mine exhaust fans exceeded the concentration limit for solid particles three times between November 2021 and May 2023. The court imposed fines totalling 350,000 AUD and ordered a payment of 61,500 AUD to the Department of Climate Change, Energy, Environment and Water (DCCEEW) for a new dust monitor in the Rural Air Quality Monitoring Network; in addition, the company must pay the EPA's costs and publish notices in three newspapers.

Authority / court

NSW Environment Protection Authority (EPA NSW)

Area of law

Environment and sustainability · Emissions and permits

Legal basis

Protection of the Environment Operations Act 1997 (NSW) s 128(1)(b); Zahlungsanordnung nach s 250(1)(e)

Action

Fine

Status of proceedings

unknown

Sector

Steel and metals

Repeat case

no

Mitigating circumstances

Guilty pleas at the earliest opportunity (25% discount); no prior convictions, good character and a low risk of reoffending (further 5% discount).

Published

2 Apr 2025

Original amount 350,000 AUD, converted at the ECB reference rate of 31 Mar 2025.

Checked against the official source on 3 Oct 2026 · Direct link

Following proceedings by the Australian Securities and Investments Commission (ASIC, the federal corporate and financial services regulator), the Federal Court of Australia on 18 March 2025 ordered LGSS Pty Ltd, trustee of the Active Super pension fund, to pay 10.5 million AUD and to send a notice of its misconduct to members and publish it on the fund's web pages. The fund had advertised that it excluded investments in, among others, gambling, coal mining and oil tar sands and, after the invasion of Ukraine, Russia, yet held such investments directly or indirectly; the court had found the breaches of the ban on misleading representations in June 2024.

Authority / court

Australian Securities and Investments Commission (ASIC) / Federal Court of Australia

Area of law

Environment and sustainability · Misleading environmental and sustainability claims

Legal basis

ASIC Act 2001 (Cth) ss 12DB(1)(a) und 12DF(1); Strafe nach s 12GBB, Veröffentlichungsanordnung nach s 12GLB

Action

Fine

Status of proceedings

unknown

Sector

Financial services and insurance

Mitigating circumstances

The court accepted some contrition, cooperation with ASIC through attendance at voluntary conferences and compliance improvements (including ESG and consumer law training for the board, executive leadership and staff, and an external review of internal controls), but gave less weight to contrition and cooperation because of how the case was defended; the merger with another fund trustee reduced the weight of specific deterrence.

Liability of senior managers

LGSS accepted in the proceedings that senior management was ultimately responsible for the absence of properly functioning systems to prevent false ESG representations; the proceedings were brought against the company only.

Published

18 Mar 2025

Original amount 10,500,000 AUD, converted at the ECB reference rate of 18 Mar 2025.

Checked against the official source on 3 Oct 2026 · Direct link