Environment Protection Authority v Moama Refinery Pty Limited [2003] NSWLEC 144

> Reported Decision : 126 LGERA 398

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Moama Refinery Pty Limited [2003] NSWLEC 144 PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: Moama Refinery Pty Limited FILE NUMBER(S) : 50041 of 2002 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- whether Judge imposing penalty on conviction has power to extend time for payment of penalty and costs beyond time fixed by Fines Act 1996 LEGISLATION CITED: CASES CITED: Fines Act 1996, ss 7 and 10 DATES OF HEARING: 19/12/2002 EX TEMPORE JUDGMENT DATE : 12/19/2002

PROSECUTOR: Ms Cullen, Solicitor SOLICITORS Solicitor Environment Protection Authority

LEGAL REPRESENTATIVES: DEFENDANT: Ms Mohr Solicitor SOLICITORS Blake Dawson Waldron

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . . 50041 of 2002 Coram : Bignold J 19 December 2002

ENVIRONMENT PROTECTION AUTHORITY

Prosecutor

v

MOAMA REFINERY PTY LIMITED

Defendant

JUDGMENT

1. Consequent upon the delivery of judgment in this matter earlier today in which the Defendant was convicted of the offence charged and a penalty of $45,000 was imposed in respect of the conviction and the Defendant was ordered to pay the Prosecutor's legal costs, an application was made on behalf of the Defendant for time to pay the penalty imposed. At the trial this application had been anticipated.