Environment Protection Authority v Simplot Australia Pty Ltd [2001] NSWLEC 264

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Simplot Australia Pty Ltd [2001] NSWLEC 264 PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Simplot Australia Pty Ltd FILE NUMBER(S) : 50056 of 2001 CORAM: Pearlman J KEY ISSUES: Environmental Offences :- water pollution - plea of guilty - penalty - joint submission that no monetary penalty be imposed - defendant ordered to carry out specified environmental projects LEGISLATION CITED: Protection of the Environment Operations Act 1997 s 120(1), s 123, s 241, s 250(1)(c) CASES CITED: DATES OF HEARING: 25/10/2001 EX TEMPORE JUDGMENT DATE : 10/25/2001

PROSECUTOR Mr G J Plath (Solicitor) SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Mr C H Shaw (Solicitor) SOLICITORS Andersen Legal

JUDGMENT:

IN THE LAND AND 50056 of 2001 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 25 October 2001

ENVIRONMENT PROTCTION AUTHORITY Prosecutor v SIMPLOT AUSTRALIA PTY LTD Defendant

JUDGMENT

1. This case is a prosecution by the Environment Protection Authority against the defendant Simplot Australia Pty Limited. The defendant is charged with an offence against s 120(1) of the Protection of the Environment Operations Act 1997 ("the POEO Act"), in that on 7 April 2000 it polluted waters.