Environment Protection Authority v Ulan Coal Mines Ltd [2002] NSWLEC 199

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Ulan Coal Mines Ltd [2002] NSWLEC 199 PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: Ulan Coal Mines Ltd ACN 000 189 248 FILE NUMBER(S) : 50139 of 2001 CORAM: Lloyd J KEY ISSUES: Environmental Offences :- water pollution - plea of guilty - mitigation -penalty LEGISLATION CITED: Protection of the Environment Operations Act 1997 s 120 and s 241 Crimes (Sentencing Procedure) Act 1999 s 22 CASES CITED: DATES OF HEARING: 03/09/2002 EX TEMPORE JUDGMENT DATE : 09/03/2002

PROSECUTOR: Mr D Samuels (solicitor) SOLICITORS; Stephen Garrett Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT: Mr S B Austin QC and Miss J Jagot (barrister) SOLICITORS: Mallesons Stephen Jaques

JUDGMENT: - 8 - IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 50139 of 2001

Lloyd J

3 September 2002 Environment Protection Authority Prosecutor v Ulan Coal Mines Ltd ACN 000 189 248 Defendant EXTEMPORE JUDGMENT 1 HIS HONOUR: The defendant has pleaded guilty to an offence against s 120(1) of the Protection of the Environment Operations Act 1997 ("the PEO Act"), that between 1 January 2001 and 2 February 2001 at Ulan, it did pollute waters, namely an unnamed tributary leading to Spring Gully Creek. Section 120(1) of the PEO Act provides: "a person who pollutes any water is guilty of an offence". The maximum penalty for the offence is, in the case of a corporation $250,000 and in the case of an individual offender $120,000. 2 The relevant facts have been reduced to an agreed statement of facts. There is no dispute, both as to the reason for the occurrence of pollution and the harm that resulted from it.