Environment Protection Authority v Gosford City Council [2000] NSWLEC 154

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Gosford City Council [2000] NSWLEC 154 PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: Gosford City Council FILE NUMBER(S) : 50013 of 2000 CORAM: Talbot J KEY ISSUES: Environmental Offences :- failure to comply with instructions on pesticide label - mitigating factors where employee responsible LEGISLATION CITED: Pesticides Act 1978 s 33(1), s 62 CASES CITED: R v Holder [1983] 3 NSWLR 245; R v Kalache [2000] NSWCCA 2 DATES OF HEARING: 26/06/2000 EX TEMPORE 06/26/2000 JUDGMENT DATE :

PROSECUTOR: Mr W G Roser (Barrister) SOLICITORS: Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT: Mr P J Donnellan (Solicitor) SOLICITORS: P J Donnellan & Co

JUDGMENT:

IN THE LAND AND Matter No. 50013 of 2000 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 26 June, 2000

Environment Protection Authority Prosecutor v Gosford City Council Defendant

REASONS FOR JUDGMENT

1. Gosford City Council is charged that it committed an offence against the Pesticides Act 1978 ("the Act") by disregarding instructions on a label of a registered pesticide in that it carelessly disregarded the instruction on the label which was affixed to a container used for the purpose of treating an infestation of army grubs on the oval at the Kincumber High School, contrary to s 33(1) of the Act.