Environment Protection Authority v Leafair Pty Ltd [2007] NSWLEC 228

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Leafair Pty Ltd [2007] NSWLEC 228

PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Leafair Pty Ltd

FILE NUMBER(S) : 50039 of 2005

CORAM: Talbot J

KEY ISSUES: Environmental Offences :- Sentencing - use of pesticide - finding of pilot error preferred.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 21A, s22 and s23; Pesticides Act 1999 s 10(1)(a), s109(1)(a),(c)(e),(g),(f).

CASES CITED: Environment Protection Authority v Rohan John Williams [2006] NSWLEC 722.

DATES OF HEARING: 19/04/2007; 20/04/2007

DATE OF JUDGMENT: 26 April 2007

PROSECUTOR Mr D Jordan (Barrister) SOLICITOR Environment Protection Authority

LEGAL REPRESENTATIVES:

DEFENDANT Mr M Gray-Spencer SOLICITOR Riley Gray-Spencer Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot J

26 April 2007

50039 of 2005 Environment Protection Authority v Leafair Pty Ltd

JUDGMENT 1 Talbot J: The defendant is charged that on 14 September 2004 it committed an offence against s 10(1) (a) of the Pesticides Act 1999 in that it used a pesticide in a manner that injured or was likely to injure another person. The defendant entered a plea of guilty to the charge on 2 February 2007. 2 At the time of the offence the company operated an aerial agricultural business under the name of Super Spread Aviation Australia operating out of Deniliquin Airport. It was the holder of an Aircraft (Pesticide Applicator) Licence issued by the Prosecutor on 14 July 1999. 3 One of the aircraft operated by the defendant was a Piper PA-25A9 Pawnee also known as a "Fatman". The aircraft had been acquired by purchase from a previous owner in September 2003. The company employed a pilot, Rohan John Williams who regularly flew the aircraft for the purpose of the aerial application of liquid chemicals to crops. 4 The Company has two directors and shareholders and was first registered in 1984. One of the directors, Peter James Wood has given evidence. The pilot Mr Williams has given evidence for the prosecution.