Environment Protection Authority v Metalcorp Recyclers Pty Limited [2001] NSWLEC 207

Reported Decision : (2001) 117 LGERA 56

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Metalcorp Recyclers Pty Limited [2001] NSWLEC 207 PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Metalcorp Recyclers Pty Limited FILE NUMBER(S) : 50009-15 of 2001 CORAM: Cowdroy J KEY ISSUES: Prosecution :- statutory defence that the offence was caused by another person LEGISLATION CITED: Protection of the Environment Operations Act 1997 s 64(2) Alphacell Ltd v Woodward [1972] AC 824; Environment Protection Authority v Multiplex Pty Limited (2001) 112 LGERA 1; CASES CITED: Kirkheaton District Local Board v Ainley, Sons & Co [1892] 2 QB 274 ; R v Carr-Briant [1943] KB 607; ; R v Lambert [2001] 1 All ER 1014 DATES OF HEARING: 27/8/01, 28/8/01 DATE OF JUDGMENT: 09/07/2001

PROSECUTOR Mr S Rushton SC

SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Mr I Lloyd QC

SOLICITORS Abbott Tout

JUDGMENT:

IN THE LAND AND MATTER No. 50009-15 of 2001 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 7/9/01

Environment Protection Authority Prosecutor v Metalcorp Recylers Pty Limited Defendant JUDGMENT

1. The defendant has pleaded not guilty to seven charges brought against it, each of which allege that it committed an offence against s 64(1) of the Protection of the Environment Operations Act 1997 ("the Act") by contravening a condition of an environment protection licence. The defendant is the holder of licence 000872 ("the licence"). Condition L65 of the licence provides:- Offensive noise resulting from explosions on the premises is not to be emitted from the premises at any time. "Offensive noise" means any noise that, by reason of its level, nature, volume, intensity or at the time at which it is made, is likely to: i. be harmful to; or ii. to interfere unreasonably with the comfort or repose of; any person outside the premises who is not associated with the management or operation of the premises.