Environment Protection Authority v Olex Australia Pty Ltd [2005] NSWLEC 475

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Olex Australia Pty Ltd [2005] NSWLEC 475

PROSECUTOR: Environment Protection Authority

PARTIES : DEFENDANT: Olex Australia Pty Ltd

FILE NUMBER(S) : 50075 of 2005

CORAM: Bignold J

KEY ISSUES: Environmental Offences :- water pollution caused by overflow of chemical solution in factory - plea of guilty - application for discharge - mitigating factors - conviction and penalty justified

Protection of the Environment Operations Act 1997 s120(1) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s10

CASES CITED: Thorneloe v Filipowski (2001) 52 NSWLR 60

DATES OF HEARING: 22 April 2005

DATE OF JUDGMENT: 08/31/2005

PROSECUTOR: Mr M. Johnston, Barrister

Solicitors: Solicitor for the Environment Protection Authority

LEGAL REPRESENTATIVES:

DEFENDANT: Mr I. Lloyd QC

Solicitors: Freehills

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BIGNOLD J

31 August 2005

50075 OF 2004 ENVIRONMENT PROTECTION AUTHORITY V OLEX AUSTRALIA PTY LTD JUDGMENT CORAM: HIS HONOUR A. INTRODUCTION 1 The Defendant has pleaded guilty to the charge of an offence against s120(1) of the Protection of the Environment Operations Act 1997 (the PEO Act) in that on or about 27 January 2004 at Wetherill Park it did pollute waters. 2 According to the Particulars endorsed upon the Summons:

(i) the pollutant was "drawing solution containing oil and /or copper;" (ii) the waters were "Wetherill Park drainage channel adjacent to and downstream of premises known as No. 29 Davis Road Wetherill Park"; and (iii) the manner in which the pollution occurred was A. " During the course of the defendant's operations at the premises, the pollutants overflowed from a floor waste pit adjacent to the Rod Breakdown machine and escaped into a stormwater drain on the premises, from which the pollutants flowed into the Wetherill Park drainage channel and then into Prospect Creek"