Environment Protection Authority v Causmag Ore Company Pty Ltd [2000] NSWLEC 205

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Causmag Ore Company Pty Ltd [2000] NSWLEC 205 PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: Causmag Ore Company Pty Ltd FILE NUMBER(S) : 50017 of 2000 CORAM: Talbot J KEY ISSUES: Environmental Offences :- utilitarian value of plea of guilty - mitigation generally LEGISLATION CITED: Clean Air Act 1961 s 14(3) Environmental Offences and Penalties Act 1989 CASES CITED: Axer Pty Ltd v Environment Protection Authority (NSWCCA, 22 November 1993, unreported); R v Thomson; R v Houlton [2000] NSWCCA 309 DATES OF HEARING: 11/09/2000 DATE OF JUDGMENT: 09/21/2000

PROSECUTOR: Mr S C Simington (Solicitor)

SOLICITORS: Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT: Mr A J Hill (Solicitor)

SOLICITORS: Blake Dawson Waldron

JUDGMENT:

IN THE LAND AND Matter No. 50017 of 2000 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 21 September, 2000

Environment Protection Authority Prosecutor v Causmag Ore Company Pty Ltd Defendant

REASONS FOR JUDGMENT

1. By summons the defendant has been required to appear to answer the charge by the prosecutor that between 17 May 1999 and 20 May 1999 at Young it committed an offence against the Environmental Offences and Penalties Act 1989 in that being the occupier of scheduled premises it processed materials in such a manner as to cause or increase air pollution from those premises and the air pollution so caused or increased, or a part thereof, was caused by reason of its failure to process the materials in a proper and efficient manner, contrary to s 14(3) of the Clean Air Act 1961 ("the Clean Air Act").