Environment Protection Authority v Hy-Tec Industries Pty Limited (ACN 070 100 702) [2002] NSWLEC 189

Reported Decision : 123 LGERA 246

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Hy-Tec Industries Pty Limited (ACN 070 100 702) [2002] NSWLEC 189 PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: Hy-Tec Industries Pty Limited (ACN 070 100 702) FILE NUMBER(S) : 50070 of 2002 CORAM: Bignold J KEY ISSUES: Environmental Offences :- Pollution of Waters - Plea of Guilty - mitigating circumstances LEGISLATION CITED: Protection of the Environment Operations Act 1997, s 120 CASES CITED: DATES OF HEARING: 24/10/02 DATE OF JUDGMENT: 10/25/2002

PROSECUTOR: Ms S Mahony, Solicitor SOLICITORS Solicitor Environment Protection Authority

LEGAL REPRESENTATIVES: DEFENDANT: Ms Conway, Barrister SOLICITORS Costa and Associates

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . 50070 of 2002 Coram : Bignold J. 25 October 2002 ENVIRONMENT PROTECTION AUTHORITY

Prosecutor

v

HY-TEC INDUSTRIES PTY LIMITED (ACN 070 100 702)

Defendant

JUDGMENT

A. INTRODUCTION

1. The Defendant has pleaded guilty to a charge of an offence against s 120(1) of the Protection of the Environment Operations Act 1997 (PEO Act) in that on 31 July 2001 at Botany, it polluted waters.

2. The particulars of the offence endorsed upon the Summons are as follows: a) Pollution/Pollutant: - Liquid with a pH exceeding 8.5 and/or - Wastewater from the Premises. b) Waters - A stormwater pipe leading from a side entry drain on a private road near Stephen Road, Botany to a stormwater pit on Mobil's premises on or near Stephen Road Botany to Floodvale Drain and downstream thereof and/or - Floodvale Drain leading to Botany Bay and/or downstream thereof. c) Pollution of Waters: - the Pollutants were placed in a position where they were likely to fall, descend or wash into the Waters and/or - the Pollutants were placed in a drain, channel or gutter used or designed to receive or pass rainwater, floodwater or any water that is not polluted and/or - the Pollutants were placed in a position where they fell, descended or were washed into a drain, channel or gutter used or designed to receive or pass rainwater, floodwater or any water that is not polluted. d) Nature of contravention: - pumping the Pollutants from the stormwater pit on the Premises into the gutter on a private road near Stephen Road which flowed to a stormwater pipe leading to the Waters. e) Premises 71 Stephen Road Botany NSW 2019