Environment Protection Authority v Bartter Enterprises Pty Ltd (No 3) [2020] NSWLEC 114

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Bartter Enterprises Pty Ltd (No 3) [2020] NSWLEC 114 Hearing dates: 15, 16, 17, 18, 25 and 26 June 2020 Date of orders: 12 August 2020 Decision date: 12 August 2020 Jurisdiction: Class 5 Before: Duggan J Decision: See paragraphs 73 and 74 Catchwords: ENVIRONMENT AND PLANNING – offences – failure to comply with condition of environmental protection licence – s 64 Protection of the Environment Operations Act 1997 – condition to maintain in a proper and efficient condition – meaning of "maintain" – plant preserved in a state that is able to perform the function it was designed to perform – designed to contain ammonia – circuit is integrated, not comprising of separate components– guilty of the charge Legislation Cited: Protection of the Environment Operations Act 1997 Australian Dangerous Goods Code Interpretation Act 1987 Cases Cited: Environment Protection Authority v Grafil Pty Ltd (2019) 238 LGERA 147 Environment Protection Authority v Sydney Water Corporation [1998] NSWLEC 144 Environment Protection Authority v Water Board (1993) 79 LGERA 103 Environment Protection Authority v Werris Creek Coal Pty Ltd; Environment Protection Authority v Holley [2009] NSWLEC 124 Genkem Pty Ltd v Environmental Protection Authority (1994) 35 NSWLR 33 Proudman v Dayman (1941) 67 CLR 536 Sherwood v The ANI Corporation Ltd [1988] NSWLEC 147 State Pollution Control Commission v Metropolitan Collieries Limited [1989] NSWLEC 225 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: Environment Protection Authority (Prosecutor) Bartter Enterprises Pty Ltd (Defendant) Representation: Counsel: Mr D Buchanan SC and Ms G Lewer (Prosecutor) Mr T Howard SC and Mr J Smith (Defendant)