NSW Caselaw
Reported Decision : 118 LGERA 451
Land and Environment Court of New South Wales
CITATION : Environment Protection Authority v Illawarra Coke Company Pty Limited [2002] NSWLEC 21 PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: Illawarra Coke Company Pty Limited FILE NUMBER(S) : 50074; 50075; 50076 of 2001 CORAM: Talbot J KEY ISSUES: Prosecution :- plea of guilty - totality principle - mitigating circumstances for offence of emitting offensive odours. Clean Air Act 1961 s 15A LEGISLATION CITED: Protection of the Environment Operations Act 1997 s 129, s 129(1), s 241 Protection of the Environment (Savings and Transitional) Regulation 1998 cl 6 Camilleri's Stock Feeds v Environment Protection Authority (1993) 32 NSWLR 683; Ex parte Newman; Re Fischer and McInerny [1969] 1 NSWR 538; CASES CITED: R v H (1980) 3 A Crim R 53; R v Holder [1983] 3 NSWLR 245; R v O'Neill [1979] 2 NSWLR 582; R v Thompson (2000) 49 NSWLR 383 DATES OF HEARING: 15/02/2002 DATE OF JUDGMENT: 02/22/2002
PROSECUTOR: Ms J C Kelly (Barrister) SOLICITORS: Environment Protection Authority
LEGAL REPRESENTATIVES: DEFENDANT: Mr I S Lloyd QC SOLICITORS: Minter Ellison
JUDGMENT:
IN THE LAND AND Matter No. 50074 - 6 of 2001 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 22 February 2002
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