EPA v Umbers [2001] NSWLEC 67

Land and Environment Court of New South Wales

CITATION : EPA v Umbers [2001] NSWLEC 67 PROSECUTOR PARTIES : Environment Protection Authority DEFENDANT Brian Desmond Umbers FILE NUMBER(S) : 50014 of 2000 CORAM: Sheahan J KEY ISSUES: Environmental Offences :- - pesticides - plea of guilty - mitigation LEGISLATION CITED: Pesticides Act 1978 Crimes (Sentencing Procedure) Act 1999 CASES CITED: EPA v Donohoe (10084 and 50085 of 1997, 19 December 1997); EPA v Wellbourne and Ligano Pty Ltd [1999] NSWLEC 244 DATES OF HEARING: 8/03/2001 EX TEMPORE JUDGMENT DATE : 03/08/2001

PROSECUTOR Solicitor Mr M Kelly Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Solicitor Mr G Spencer Riley Gray Spencer

JUDGMENT:

IN THE LAND AND Matter No: 50014 of 2000 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 8 March 2001

ENVIRONMENT PROTECTION AUTHORITY Prosecutor v BRIAN DESMOND UMBERS Defendant

JUDGMENT

1. This defendant is an agricultural pilot of eight years experience who has come from North Queensland to answer a charge that on about 6 April 1999 he committed an offence against the Pesticides Act 1978 by carelessly disregarding an instruction on a registered label of pesticide Glyphosate CT (Exhibit E1 par 10). At the time of the offence charged he was operating out of Gunnedah.

2. A plea of guilty was entered at an early date and Mr Umbers gave evidence in his own defence. Although there is an agreed statement of facts, there is some dispute in the factual evidence, most relevantly about: (i) the geographical relationship between the sorghum crop he sprayed and the oats crop damaged, and (ii) about the prevailing wind at the time, the suitability of the conditions in which the spraying was done, and when the sprays were shut off.