NSW Caselaw
> Land and Environment Court of New South Wales
CITATION : Environment Protection Authority v Incitec Limited [2003] NSWLEC 381 PARTIES : Environment Protection Authority (Prosecutor) Incitec Limited (Def) FILE NUMBER(S) : 50049 of 2003 CORAM: McClellan CJ Environmental Offences :- Water pollution Breach of conditions of environmental protection licence Release of acidic wastewater into river Failure to respond to alarm system Previous similar offence KEY ISSUES: Incident foreseeable Mitigating factors including corrective measures put in place no evidence of actual environmental harm Whether plea of guilty mitigating factor where no defence arguable Whether defendant should be ordered to publish offence Penalty in form of fine and publication order Protection of the Environment Operations Act 1997 LEGISLATION CITED: Clean Waters Act Environmental Offences and Penalties Act Crimes Sentencing Procedure Act 1999 EPA v Port Kembla Copper Pty Limited [2001] 115 LGRA 391; CASES CITED: Axer Pty Limited v EPA [2001] 113 LGERA 357; EPA v Shoalhaven Starches Pty Limited [2003] NSWLEC 107 DATES OF HEARING: 14-15 October 2003 EX TEMPORE JUDGMENT DATE : 10/15/2003
M Arch (Prosecutor) Environment Protection Authority (Sol)
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