Environment Protection Authority v Incitec Ltd [2000] NSWLEC 18

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Incitec Ltd [2000] NSWLEC 18 PROSECUTOR PARTIES : Environment Protection Authority DEFENDANT Incitec Limited FILE NUMBER(S) : 50039 of 1999 CORAM: Sheahan J KEY ISSUES: Environmental Offences :- Plea of guilty - environmental harm - air pollution - mitigation LEGISLATION CITED: Environmental Offences and Penalties Act 1989 CASES CITED: EPA v Orange City Council (50045 of 1995, 23 June 1995) DATES OF HEARING: 16/12/99, 17/12/99 EX TEMPORE 12/17/1999 JUDGMENT DATE :

PROSECUTOR Mr C Leggat (Barrister) SOLICITORS: EPA LEGAL REPRESENTATIVES: DEFENDANT Mr Ian Lloyd QC SOLICITORS: Minter Ellison

JUDGMENT: IN THE LAND AND Matter No: 40079 of 1999 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 17 December 1999

ENVIRONMENT PROTECTION AUTHORITY Prosecutor v

INCITEC LTD Defendant

JUDGMENT

1. The defendant is a long established company tracing its origins in the chemical industry back to 1862. It is also long established at the relevant location, having begun operations at Kooragang Island near Stockton and Newcastle in 1964.

2. The company runs large plants and has long experience in making, using and handling dangerous substances, including ammonia.

3. This is its first appearance in this court on an environmental offence although my attention has been drawn to the issue of three penalty infringement notices, within a three week period in 1996, in respect of incidents relevantly similar to the one involved in these proceedings.