Environment Protection Authority v Timber Industries Ltd [2000] NSWLEC 39

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Timber Industries Ltd [2000] NSWLEC 39 Prosecutor: PARTIES : Environment Protection Authority Defendant: Timber Industries Australia Ltd (ACN 000 049 221) FILE NUMBER(S) : 50079 of 1999 CORAM: Lloyd J KEY ISSUES: Environmental Offences :- water pollution - guilty plea - penalty Clean Waters Act 1970, s16(1) Crimes Act 1900, s439 LEGISLATION CITED: Environmental Offences & Penalties Act 1989, s9 Interpretation Act 1987, s30(1) Protection of the Environment Operations Act, s241 CASES CITED: DATES OF HEARING: 23/02/00 EX TEMPORE 02/23/2000 JUDGMENT DATE :

APPLICANT: D Samuels (solicitor) SOLICITORS: S Garrett LEGAL REPRESENTATIVES: DEFENDANT: A L Hill (barrister) SOLICITORS: Pryor Tzannes & Wallis

JUDGMENT: IN THE LAND AND Matter No: 50079 of 1999 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 23/02/00

Environment Protection Authority Applicant

v

Timber Industries Pty Ltd Respondent

JUDGMENT

HIS HONOUR:

1. The defendant has pleaded guilty to an offence against the Environmental Offences and Penalties Act 1989 in that on or about 3 November 1998 it did pollute waters contrary to s 16(1) of the Clean Waters Act 1970.

2. The Clean Waters Act has since been repealed and its provisions have been largely repeated in the Protection of the Environment Operations Act 1997. Liability for offences committed under legislation which is subsequently repealed however, continues (s 30(1), Interpretation Act 1987.)