Environment Protection Authority v Encore Tissue Pty Limited [2003] NSWLEC 417

> Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Encore Tissue Pty Limited [2003] NSWLEC 417 PROSECUTOR PARTIES : Environment Protection Authority DEFENDANT Encore Tissue Pty Limited FILE NUMBER(S) : 50026 of 2003 CORAM: Pain J KEY ISSUES: Prosecution :- guilty plea - discharge of waste water containing paper by-products clays and chalk into creek

LEGISLATION CITED: Protection of the Environment Operations Act 1997 s 120(1), s 241 Crimes (Sentencing Procedure) Act 1999 s 3A(b) Camilleri Stockfeeds Pty Limited v Environment Protection Authority (1993) 82 LGERA 21; CASES CITED: Environment Protection Authority v Metziya [2003] NSWLEC 196 (26 June 2003); R v Thompson; R v Houlton (2000) 49 NSWLR 383; Veen v Regina (No 2)(1988) 164 CLR 465 DATES OF HEARING: 18/11/03 EX TEMPORE JUDGMENT DATE : 11/18/2003

PROSECUTOR: D. Samuels SOLICITORS: Environment Proection Authority LEGAL REPRESENTATIVES: DEFENDANT: P. Hamill SOLICITORS: Deacons

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 50026 of 2003

Pain J

18 November 2003 ENVIRONMENT PROTECTION AUTHORITY Prosecutor

v ENCORE TISSUE PTY LTD Defendant Judgment

1. The Defendant is charged that between 18 May 2002 and 20 May 2002 at Albury in the State of New South Wales it committed an offence against s 120(1) of the Protection of the Environment Operations Act 1997 (the PEO Act) in that it did pollute waters. The particulars of the offence are that: (a) the pollutant in issue is paper by-products, clays and chalk; (b) the waters in question are the stormwater drain leading to Mungabarina Creek; and (c) the manner of the breach is said to be that the Defendant recycles waste paper and by a process produces tissue paper at premises at 83-93 Fallon Street Albury. This activity generates waste water which is collected in a trade waste system. The pollutants overflowed from the system on to land at the premises and then flowed into the waters of the unnamed stormwater drain through an unnamed pit at the premises and then into waters of Mungabarina Creek.