NSW Caselaw
Land and Environment Court of New South Wales CITATION: EPA v Emerald Peat Pty Ltd (In Liq) [1999] NSWLEC 147
PARTIES PROSECUTOR: Environment Protection Authority
DEFENDANT: Emerald Peat Pty Ltd (In Liq)
NUMBER: 50125 of 1998
CORAM: Talbot J
KEY ISSUES: Environmental Offences :- continuing offence
Environmental Offences and Penalties Act LEGISLATION CITED: Clean Waters Act s 16(1), s 16(7) Land and Environment Court Act s 49
DATES OF HEARING: 06/07/1999; 06/08/1999; 06/09/1999; 06/10/1999
EX TEMPORE JUDGMENT DATE: 06/10/1999
PROSECUTOR: Mr D Buchanan SC
SOLICITORS: LEGAL REPRESENTATIVES: Environment Protection Authority
DEFENDANT: N/A
JUDGMENT: IN THE LAND AND Matter No. 50125 of 1998 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 10 June 1999
Environment Protection Authority Prosecutor v Emerald Peat Pty Ltd (In Liq) Defendant
EX TEMPORE REASONS FOR JUDGMENT
1. HIS HONOUR: The defendant is charged that on or about 4 August 1997 and continuing on each day thereafter until about 17 September 1997, at Burrawang in the State of New South Wales it committed an offence against the Environmental Offences and Penalties Act 1989 (the EOP Act) in that it polluted waters contrary to s 16(1) and (7) of the Clean Waters Act 1970 (the CW Act).
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