Environment Protection Authority v Illawarra Coke Company Pty Limited [2005] NSWLEC 296

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Illawarra Coke Company Pty Limited [2005] NSWLEC 296

PROSECUTOR: Environment Protection Authority

PARTIES : DEFENDANT: Illawarra Coke Company Pty Limited

FILE NUMBER(S) : 50056 of 2004

CORAM: Lloyd J

Prosecution :- plea of guilty - penalty - mitigation KEY ISSUES: Environmental Offences: - pollution of waters - actual harm -general deterrence - specific deterrence - principle of even-handedness - mitigating factors - remediation works

LEGISLATION CITED: Protection of the Environment Operations Act 1997 (NSW) s 123(1), s 241(1)

R v Rushby (1977) 1 NSWLR 594 ; CASES CITED: Walden v Hensler (1987) 163 CLR 561

DATES OF HEARING: 21/02/2005 EX TEMPORE JUDGMENT DATE : 02/21/2005

PROSECUTOR: D Samuels (solicitor) SOLICITOR: Stephen Garrett

LEGAL REPRESENTATIVES:

DEFENDANT: I S Lloyd QC SOLICITORS: Minter Ellison

JUDGMENT: - 10 - IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Lloyd J

Monday, 21 February 2005

LEC No. 50056 of 2004

ENVIRONMENT PROTECTION AUTHORITY v ILLAWARRA COKE COMPANY PTY LIMITED [2005] NSWLEC 296 Ex TEMPORE JUDGMENT

1 HIS HONOUR: The defendant, Illawarra Coke Company Pty Limited, has pleaded guilty to a charge that on or about 9 August 2003 at Coalcliff it committed an offence against s 123(1) of the Protection of the Environment Operations Act 1997 (NSW) ("the POEO Act") in that it did pollute waters. The pollutant is said to be waste oil and/or tar naphtha and the waters were an unnamed watercourse leading to Stoney Creek and also Stoney Creek itself which empties into a lagoon at the back of Coalcliff Beach. The operation is licensed by the Environment Protection Authority (the "EPA") for the scheduled activity of coal works.