Environment Protection Authority v Transfield Pty Ltd [2001] NSWLEC 45

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Transfield Pty Ltd [2001] NSWLEC 45 PROSECUTOR PARTIES : Environment Protection Authority DEFENDANT Transfield Pty Ltd FILE NUMBER(S) : 50029 of 2000 CORAM: Sheahan J KEY ISSUES: Prosecution :- pollution of waters - plea of guilty LEGISLATION CITED: Protection of the Environment Operations Act 1997 s120(1) and s 241 CASES CITED: EPA v Attard [2000] NSWCCA 242; EPA v Orange City Council (50045 of 1995 23 June 1995 Stein J) DATES OF HEARING: 01/02/2001 EX TEMPORE JUDGMENT DATE : 02/01/2001

PROSECUTOR Mr C McElwain Solicitor Solicitors Mr A Ritchie of EPA LEGAL REPRESENTATIVES: DEFENDANT Mr P Tomasetti (Barrister) Solicitors Holding Redlich

JUDGMENT:

IN THE LAND AND Matter No: 50029 of 2000 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 1 February 2001 ENVIRONMENT PROTECTION AUTHORITY Prosecutor v TRANSFIELD PTY LTD Defendant JUDGMENT

1. The defendant Transfield Pty Ltd has pleaded guilty to a "pollution of waters" charge under s 120(1) of the Protection of the Environment Operations Act 1997.

2. The hearing has been greatly abbreviated by agreement on a Statement of Facts (Exhibit P1), and by the presentation of comprehensive submissions.

3. The subject incident occurred on 15 July 1999 as the company was nearing the end of its work on the West Ryde Stormwater Tunnel project, in particular works in and near the Smalls Creek Stormwater Channel, which enters the Parramatta River from Meadowbank Park, a large recreation area on an old landfill site opposite Homebush Bay (see Annexure 'A' to Exhibit P1 for the street directory map).