Environment Protection Authority v CollexPty Ltd [2001] NSWLEC 177

Reported Decision : 115 LGERA 337

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v CollexPty Ltd [2001] NSWLEC 177 PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: Collex Pty Ltd FILE NUMBER(S) : 50032 of 2001 CORAM: Bignold J KEY ISSUES: Environmental Offences :- Breach of condition of Licence-Plea of Guilty-Mitigating factors-Penalty. LEGISLATION CITED: Protection of the Environment Operations Act 1997 Environment Protection Authority v Norco Co-operative Limited (2000) 108 LGERA 137; CASES CITED: Genkem Pty Ltd v Environment Protection Authority (1994) 85 LGERA 197; State Pollution Control Commission v Broken Hill Prop. Corp Ltd (No 1) (1991) 74LGRA 351 DATES OF HEARING: 12 June 2001 DATE OF JUDGMENT: 08/06/2001

PROSECUTOR: Mr M Kelly, Solicitor SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT: Mr B Preston SC SOLICITORS Baker and McKenzie

JUDGMENT:

IN THE LAND AND Matter No. 50032 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 6 August 2001

ENVIRONMENT PROTECTION AUTHORITY

Prosecutor

v

COLLEX PTY LIMITED

Defendant

JUDGMENT

Bignold J:

A. INTRODUCTION 1. The Defendant has pleaded guilty to a charge of an offence against the Protection of the Environment Operations Act 1997, s 64(1) (PEO Act) in that on or about 13 March 2000 at Camellia, it was the holder of an environmental protection licence in force under that Act when a condition of that licence was contravened. 2. The PEO Act, s 64(1) relevantly provides as follows: (1) Offence