NSW Caselaw
Land and Environment Court of New South Wales CITATION: Environment Protection Authority v Camberwell Coal Pty Ltd [1999] NSWLEC 193
PARTIES PROSECUTOR Environment Protection Authority
DEFENDANT Camberwell Coal Pty Ltd
NUMBER: 50013 of 1999
CORAM: Cowdroy J
KEY ISSUES: Environmental Offences :- Noise control - breach of licence condition limiting blasting - 'environment' as defined includes buildings for the purposes of assessment of damage pursuant to s 9(a) of the Environmental Offences and Penalties Act 1989
LEGISLATION CITED: Environmental Offences and Penalties Act 1989 s 9 Pollution Control Act 1970 17D(9)
DATES OF HEARING: 08/17/1999
DATE OF JUDGMENT DELIVERY: 08/27/1999
PROSECUTOR Mr D Samuels (Solicitor)
SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Mr P Rigg (Solicitor)
SOLICITORS Deacons Graham & James
JUDGMENT: Background
1. By summons class five issued on 22 March 1999 the prosecutor charges Camberwell Coal Pty Ltd ("the defendant") that it committed an offence on 27 March 1998 against the Environmental Offences and Penalties Act 1989 ("the EOP Act") by contravening a condition of licence no 3390 granted under the Pollution Control Act 1970 (the "PC Act"). The defendant has pleaded guilty to such charge.
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