NSW Caselaw
> Land and Environment Court of New South Wales
CITATION : Environmental Protection Authority v Cianfrano [2003] NSWLEC 380 PARTIES : Environment Protection Authority (Prosecutor) Robert David Cianfrano (Def) FILE NUMBER(S) : 50120 of 2002 CORAM: McClellan CJ Environmental Offences :- Water pollution Orchard owner excavated willow trees from creek bank Subsequent works completed in compliance with clean-up notice and preventive action notice KEY ISSUES: Whether seven months later during rain event sediment entered creek because of defendant's actions Whether pollution caused by work done in compliance with notices Evidence of other potential sources of pollution LEGISLATION CITED: Protection of the Environment Operations Act 1997 CASES CITED: DATES OF HEARING: 17-20 November 2003, 24 November 2003, 26 November 2003 EX TEMPORE JUDGMENT DATE : 11/26/2003
J Kelly (Prosecutor) Environment Protection Authority (Sol) LEGAL REPRESENTATIVES:
Robert David Cianfrano (Def - in person)
JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 50120/02
McCLELLAN J
FRIDAY 26 NOVEMBER 2003 ENVIRONMENT PROTECTION AUTHORITY Prosecutor v CIANFRANO Defendant Judgment
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