NSW Caselaw
Land and Environment Court of New South Wales CITATION: Environment Protection Authority - V - BHP Steel (JLA) Pty Ltd [1999] NSWLEC 150
PARTIES Prosecutor: Environment Protection Authority
Defendant: BHP Steel (JLA) Pty Ltd
NUMBER: 98/50126 of 1999
CORAM: Lloyd J
KEY ISSUES: Environmental Offences :- misleading certificate of compliance - penalty
LEGISLATION CITED: Environmental Offences & Penalties Act 1989, s8D(1) Pollution Control Act 1970, s17D
DATES OF HEARING: 06/18/1999
DATE OF JUDGMENT DELIVERY: 06/30/1999
Prosecutor: G B Docking Solicitors: Environment Protection Authority LEGAL REPRESENTATIVES: Defendant: M P Brennan(s) Solicitors: Blake Dawson Waldron
JUDGMENT:
Contents
Paragraph
The offence 1
Considerations on penalty 13
Orders 24 _______________IN THE LAND AND Matter No: 50126 of 1998 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 30/06/99
Environment Protection Authority Applicant
v
BHP Steel (JLA) Pty Ltd Respondent
JUDGMENT
HIS HONOUR:
The Offence
1. The defendant has pleaded guilty to the following offence: Between 9 September 1997 and 17 September 1997 at Port Kembla in the State of New South Wales, it committed an offence against the Environmental Offences & Penalties Act 1989 (NSW) in that, being the holder of a licence granted under the Pollution Control Act 1970 ("the said Act"), it did contravene a condition of that licence, contrary to section 17D(9) of the said Act.
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