NSW Caselaw
Reported Decision : 123 LGERA 279
Land and Environment Court of New South Wales
CITATION : Environment Protection Authority v Boral Resources (NSW) Pty Ltd [2002] NSWLEC 232 PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Boral Resources (NSW) Pty Ltd FILE NUMBER(S) : 50048 of 2002 CORAM: Pearlman J KEY ISSUES: Environmental Offences :- pollution of waters - concrete batching plant - plea of guilty - penalty - dispute as to cause of offence - poor housekeeping or industrial sabotage Crimes (Sentencing Procedure) Act 1999 s 22 LEGISLATION CITED: Protection of the Environment Operations Act 1997 s 120, s 241 Protection of the Environment Operations (General) Regulation 1998 cl 52 R v O'Neill (1979) 2 NSWLR 582; CASES CITED: R v Olbrich (1999) 199 CLR 270; R v Thomson (2000) 49 NSWLR 383; Veen v The Queen (No 2) (1988) 164 CLR 465 DATES OF HEARING: 28/10/2002; 31/10/2002 DATE OF JUDGMENT: 12/11/2002
PROSECUTOR Ms S M Mahony (Solicitor) SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Mr A L Hill (Barrister) SOLICITORS Hunt & Hunt
JUDGMENT:
IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 50048 of 2002
Pearlman J
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