Environment Protection Authority v Pasminco Broken Hill Mine Pty Ltd [2002] NSWLEC 70

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Pasminco Broken Hill Mine Pty Ltd [2002] NSWLEC 70 PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: Pasminco Broken Hill Mine Pty Ltd FILE NUMBER(S) : 50084-85 of 2001 CORAM: Bignold J KEY ISSUES: Environmental Offences :- breach of conditions of Environment Protection Licence requiring licence to continuously monitor ground vibration from mine blastings LEGISLATION CITED: Protection of the Environment Operations Act 1997, s 64(1) CASES CITED: R v Storey (1998) I VR 359; R v Olbrich (1999) 199 CLR 270 DATES OF HEARING: 16 January 2002 DATE OF JUDGMENT: 05/08/2002

PROSECUTOR: S Mahony, Solicitor SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT: Mr C Ireland, Solicitor SOLICITORS Blake Dawson Waldron

JUDGMENT:

IN THE LAND AND Matter No. 50084 and 50085 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 8 May 2002

ENVIRONMENT PROTECTION AUTHORITY

Prosecutor

v

PASMINCO BROKEN HILL MINE PTY LTD

Defendant

JUDGMENT

Bignold J: A. INTRODUCTION

1. The Defendant has pleaded guilty to two separate charges of an offence against the Protection of the Environment Operations Act 1997, s 64(1) (PEO Act) in that on or about 31 August 2000 at Broken Hill it was the holder of a licence issued under that Act when a condition of that licence was contravened. By consent, the two charges have been heard together.