Environment Protection Authority v Pancorp Australia Pty Limited [2002] NSWLEC 38

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Pancorp Australia Pty Limited [2002] NSWLEC 38 PROSECUTOR PARTIES : Environment Protection Authority DEFENDANT Pancorp Australia Pty Limited FILE NUMBER(S) : 50106; 50107; 50108 of 2001 CORAM: Talbot J KEY ISSUES: Prosecution :- cause waters to be polluted - mitigation Crimes (Sentencing Procedure) Act 1999 s 10 Evidence Act 1995 s 184 LEGISLATION CITED: Land and Environment Court Act 1979 Pesticides Act 1978 Protection of the Environment Operations Act 1997 s 120(1), s 241(1), s 241(1)(a), s 241(1)(b), s241(1) (c) Land and Environment Regulation 2000 CASES CITED: DATES OF HEARING: 04/03/2002, 05/03/2002 DATE OF JUDGMENT: 03/22/2002

PROSECUTOR Mr T G Howard (Barrister) SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Mr A M Gruzman (Barrister) SOLICITORS Shipton & Associates

JUDGMENT:

IN THE LAND AND Matter No. 50106 – 8 of 2001 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 22 March 2002

Environment Protection Authority Prosecutor v Pancorp Australia Pty Limited Defendant

REASONS FOR JUDGMENT

1. The defendant has pleaded guilty to three charges that it committed an offence against s 120(1) of the Protection of the Environment Act 1997 ("the PEO Act") in that it polluted waters on or about 2 June 2000.