NSW Caselaw
Land and Environment Court of New South Wales CITATION: Environment Protection Authority v Ferrcom Pty Ltd [1999] NSWLEC 162
PARTIES PROSECUTOR Environment Protection Authority
DEFENDANT Ferrcom Pty Ltd
NUMBER: 50014 of 1999
CORAM: Cowdroy J
KEY ISSUES: Environmental Offences :- Pollution - failure to remove potentially harmful waste from industrial site contrary to notice
Environmental Offences and Penalties Act 1989 LEGISLATION CITED: Waste Minimisation and Management Act 1995 s 65(1), s 65(3) Pollution Control Act 1970 17D(3) Land and Environment Court Act 1979 s 52(2)
DATES OF HEARING: 08/16/1999
DATE OF JUDGMENT DELIVERY: 08/26/1999
PROSECUTOR Mr D Samuels (Solicitor)
SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Mr D Wilson (Barrister)
SOLICITORS Lamrocks Solicitors
JUDGMENT: Facts
1. By summons class five issued on 22 March 1999 the prosecutor charges the defendant that on or about 21 May 1998 it committed an offence against the Environmental Offences and Penalties Act 1989 ("the EOP Act") by failing to comply with a notice pursuant to s 65(1) of the Waste Minimisation and Management Act 1995 ("the WMM Act") contrary to s 65(3) of that Act.
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