Environment Protection Authority v Baiada Poultry Pty Ltd [2000] NSWLEC 249

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Baiada Poultry Pty Ltd [2000] NSWLEC 249 PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: Baiada Poultry Pty Ltd FILE NUMBER(S) : 50003 of 2000 CORAM: Talbot J KEY ISSUES: Prosecution :- allowance for early plea of guilty and co-operation of defendant prior to laying of the charge - mitigating factors including misunderstanding of strict legal position Clean Air Act 1961 s 10 LEGISLATION CITED: Environmental Offences and Penalties Act 1989 Protection of the Environment Operations Act 1997 s 341 CASES CITED: R v Thompson; R v Houlton [2000] NSWCCA 309 DATES OF HEARING: 16/10/2000 EX TEMPORE 10/16/2000 JUDGMENT DATE :

PROSECUTOR: Mr M M Kelly (Solicitor)

SOLICITORS: Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT: Mr B J Preston SC

SOLICITORS: Mallesons Stephen Jaques

JUDGMENT:

IN THE LAND AND Matter No. 50003 of 2000 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 16 October, 2000

Environment Protection Authority Prosecutor v Baiada Poultry Pty Ltd Respondent

REASONS FOR JUDGMENT

1. The defendant appears to answer the charge that from 15 February 1999 until 5 March 1999 at Tamworth it committed an offence against the Environmental Offences and Penalties Act 1989 in that it was the occupier of scheduled premises and was not the holder of a licence issued in respect of those premises contrary to s 10 of the Clean Air Act 1961 ("the Clean Air Act").