Environment Protection Authority v Dubbo City Council [2000] NSWLEC 78

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Dubbo City Council [2000] NSWLEC 78 PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Dubbo City Council FILE NUMBER(S) : 50067 of 1999 CORAM: Pearlman J KEY ISSUES: Environmental Offences :- water pollution - plea of guilty - penalty - mitigation LEGISLATION CITED: Clean Waters Act 1970 s 16(1) Protection of the Environment Operations Act 1997 s 241 CASES CITED: Environment Protection Authority v Australand Holdings Limited [2000] NSWLEC 15 unreported; Environment Protection Authority v Dubbo City Council (1994) 82 LGERA 361 DATES OF HEARING: 28/02/00 EX TEMPORE 02/28/2000 JUDGMENT DATE :

PROSECUTOR Mr P T Barley (Solicitor)

SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Mr D F Olney (Solicitor)

SOLICITORS Booth Brown Samuels & Olney

JUDGMENT:

IN THE LAND AND 50067 of 1999 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 28 February 2000

ENVIRONMENT PROTECTION AUTHORITY Prosecutor v DUBBO CITY COUNCIL Defendant

JUDGMENT [ NOTE: This record of reasons for judgment has been prepared from the transcript of the judgment given ex tempore on 28 February 2000. The Court Reporting Services Branch has advised that a malfunction occurred in the audiotape and part of the judgment was not recorded. It is not possible to reconstruct the reasons for judgment in the absence of transcript, and accordingly, a gap appears in par 10.]