EPA v Middle Harbour Constructions Pty Ltd [2001] NSWLEC 185

Land and Environment Court of New South Wales

CITATION : EPA v Middle Harbour Constructions Pty Ltd [2001] NSWLEC 185 PROSECUTOR PARTIES : Environment Protection Authority DEFENDANT Middle Harbour Constructions Pty Ltd FILE NUMBER(S) : 50070 of 2000 CORAM: Sheahan J KEY ISSUES: Environmental Offences :- pollution of waters - plea of guilty - chain of command - foreseeability - potential for environmental harm - costs LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 CASES CITED: DATES OF HEARING: 13/03/2001 EX TEMPORE JUDGMENT DATE : 03/13/2001

PROSECUTOR Mr G Plath (Solicitor) EPA

LEGAL REPRESENTATIVES: DEFENDANT Mr P Clay (Barrister) SOLICITORS Burridge Harris & Flynn

JUDGMENT:

IN THE LAND AND Matter No: 50070 of 2000 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 13 March 2001

ENVIRONMENT PROTECTION AUTHORITY Prosecutor v MIDDLE HARBOUR CONSTRUCTIONS PTY LTD Defendant

JUDGMENT

1. The defendant Middle Harbour Constructions Pty Ltd is the only entity charged over a pollution incident on 21 October 1999 at a sand mine or quarry at Duranbah on the far north coast.

2. Middle Harbour Constructions is the owner of the relevant site and the holder of a relevant pollution licence No.4686 ("the licence").

3. It has pleaded guilty and the offence of "pollute waters" carries a maximum fine of $250,000.

4. It is alleged that the pollutant was matter having a pH value of less than 6.5.

5. There is no agreed statement of relevant facts, but there is little disagreement on the facts. I will not go into those facts in great detail as they appear in the affidavits of Mr Small and Mr Burridge.