Oberon Council v Australian Game Meats Limited [2002] NSWLEC 96

Land and Environment Court of New South Wales

CITATION : Oberon Council v Australian Game Meats Limited [2002] NSWLEC 96 PROSECUTOR Oberon Council PARTIES : DEFENDANT Australian Game Meats Pty Limited FILE NUMBER(S) : 50122 of 2001 CORAM: Talbot J KEY ISSUES: Prosecution :- plea of guilty - mitigation LEGISLATION CITED: Protection of the Environment Operations Act 1997 s 96, s 96(3)(i), s 99, s 100, s 241, s 241(1)(a), s 241(1)(b), s 241(1)(c), s 241(1)(d) CASES CITED: EPA v Alkem Drums [2000] NSWCCA 416, unreported; R v Thomson; R v Houlton (2000) 49 NSWLR 383 DATES OF HEARING: 13/05/2002 EX TEMPORE JUDGMENT DATE : 05/13/2002

PROSECUTOR Mr P R Clay SOLICITORS McIntosh McPhillmany & Co LEGAL REPRESENTATIVES: RESPONDENT Mr W H Andrews (Solicitor) SOLICITORS Cornwall Stodart Incorporating Marshall Marks Kennedy

JUDGMENT:

IN THE LAND AND Matter No. 50122 of 2001 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 13 May 2002

Oberon Council Applicant v Australian Game Meats Pty Limited Respondent

REASONS FOR JUDGMENT

1. HIS HONOUR: The defendant company pleads guilty to the charge that it has failed to comply with a direction, dated 29 November 2000, served on the company on 8 December 2000, pursuant to s 96 of the Protection of the Environment Operations Act 1997 ("the PEO Act").