Environment Protection Authority v Simplot Australia Pty Ltd [2001] NSWLEC 40

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Simplot Australia Pty Ltd [2001] NSWLEC 40 PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: Simplot Australia Pty Ltd FILE NUMBER(S) : 50049; 50050; 50051 of 2000 CORAM: Bignold J KEY ISSUES: Environmental Offences :- polluting waters - plea of guilty—mitigating factors - Appropriate sentence LEGISLATION CITED: Protection of the Environment Operations Act 1997, s 120(1) CASES CITED: EPA v Devro-Teepak Pty Ltd (2000) NSWLEC 275; R v Olbrich (1999) 199 CLR 270 DATES OF HEARING: 7 March 2001 DATE OF JUDGMENT: 03/07/2001

PROSECUTOR: Mr D Galpin, Barrister SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT: Mr B J Preston, SC SOLICITORS Andersen Legal

JUDGMENT:

IN THE LAND AND Matter No. 50049, 50050, 50051 of 2000 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 7 March 2001

ENVIRONMENT PROTECTION AUTHORITY

Prosecutor

v

SIMPLOT AUSTRALIA PTY LIMITED

Defendant

JUDGMENT

Bignold J:

A. INTRODUCTION

1. The Defendant has pleaded guilty to two separate charges of an offence against the Protection of the Environment Operations Act 1997, s 120(1), (PEO Act) in that between 1 and 19 August 1999 (the first charge) and on 4 September 1999 (the second charge) at Bathurst, it polluted waters. By consent, the charges were heard together.