NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Environment Protection Authority v Nationwide Oil Pty Limited [2002] NSWLEC 201 PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Nationwide Oil Pty Limited FILE NUMBER(S) : 50053; 50064 of 2002 CORAM: Talbot J KEY ISSUES: Prosecution :- application of totality principle LEGISLATION CITED: Pollution Control Act 1970 s 17D(9) Protection of the Environment Operations Act 1997 s 120(1), s 129(1), s 129(2), s 241(1)(a), s 241(1)(b), s 241(1)(c), s 241(1)(d) L Vogel and Son Pty Limited and Another v Anderson, Minister of State for Customs and Excise for the Commonwealth of Australia (1967 - 1968) 120 CLR 157; Mill v The Queen (1988) 166 CLR 39; CASES CITED: Pearce v The Queen (1998) 194 CLR 610; R v Thomson; R v Houlton (2000) 49 NSWLR 383; R v Holder (1983) 3 NSWLR 245 DATES OF HEARING: 28/10/2002, 29/10/2002 DATE OF JUDGMENT: 11/15/2002
PROSECUTOR Mr D M Samuels (Solicitor) SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Mr M A Gray-Spencer (Solicitor) SOLICITORS Riley Gray-Spencer Lawyers
JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 50053 of 2002 and 50064 of 2002
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