Environment Protection Authority v Softwood Holdings Ltd [2000] NSWLEC 201

Reported Decision : 110 LGERA 87

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Softwood Holdings Ltd [2000] NSWLEC 201 PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: Softwood Holdings Ltd FILE NUMBER(S) : 50066 of 1999 CORAM: Bignold J KEY ISSUES: Environmental Offences :- breach of condition of Licence - Sentence - Mitigating factors - Defence submission for non-conviction rejected LEGISLATION CITED: Protection of the Environment Operations Act 1997 Crimes (Sentencing Procedure) Act 1999 CASES CITED: Environment Protection Authority v Norco Co-Operative Limited (2000) 108 LGERA 137 DATES OF HEARING: 09/06/00 DATE OF JUDGMENT: 09/04/2000

PROSECUTOR: Mr M Kelly, Solicitor SOLICITORS: Solicitor for the EPA

LEGAL REPRESENTATIVES: DEFENDANT: Mr P McClellan QC SOLICITORS Mallesons Stephen Jacques

JUDGMENT: IN THE LAND AND Matter No . 50066 of 1999 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 4 September 2000

ENVIRONMENT PROTECTION AUTHORITY

Prosecutor

v

SOFTWOOD HOLDINGS LIMITED

Defendant

JUDGMENT

Bignold J:

A. INTRODUCTION

1. The Defendant has pleaded guilty to a charge of an offence against the Environmental Offences and Penalties Act 1989 in that being the holder of a Licence granted under the Pollution Control Act 1970, it did contravene a condition of that Licence contrary to s 17D(9) of the Pollution Control Act 1970.