Environment Protection Authority v Moama Refinery Pty Limited [2002] NSWLEC 244

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Moama Refinery Pty Limited [2002] NSWLEC 244 PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: Moama Refinery Pty Limited FILE NUMBER(S) : 50041 of 2002 CORAM: Bignold J KEY ISSUES: Environmental Offences :- failure by consignor of goods transported by road to ensure as far as practicable that the goods were transported in a safe manner LEGISLATION CITED: Road and Rail Transport (Dangerous Goods) Act 1997, s 37 CASES CITED: R v Olbrich (1999) 199 CLR 270 DATES OF HEARING: 18/11/02 DATE OF JUDGMENT: 12/19/2002

PROSECUTOR: Mr T Howard, Barrister SOLICITORS Solicitor Environment Protection Authority

LEGAL REPRESENTATIVES: DEFENDANT: Mr P Skinner, Barrister SOLICITORS Blake Dawson Waldron

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . 50041 of 2002 Coram : Bignold J 19 December 2002

ENVIRONMENT PROTECTION AUTHORITY

Prosecutor

v

MOAMA REFINERY PTY LIMITED

Defendant

JUDGMENT

Bignold J: A. INTRODUCTION

1. The Defendant has pleaded guilty to a charge of an offence against the Road and Rail Transport (Dangerous Goods) Act 1997 (the Transport Act) s 37(1) in that on or about 27 April 1999 it, being involved in the transport of dangerous goods by road, did fail to ensure, as far as was practicable, that the goods were transported in a safe manner. The Defendant was the owner and consignor of the goods, but not the transporter. (A separate charge of an offence against the same section has been brought against the transporter but the hearings of these separate charges were not concurrent.)