NSW Caselaw
Land and Environment Court of New South Wales
CITATION : EPA v Ramsey Food Processing Pty Ltd (No.2) [2010] NSWLEC 175 This decision has been amended. Please see the end of the judgment for a list of the amendments.
PROSECUTOR PARTIES : Environment Protection Authority DEFENDANT Ramsey Food Processing Pty Ltd
FILE NUMBER(S) : 50069 of 2009
CORAM: Sheahan J
KEY ISSUES: ENVIRONMENTAL OFFENCES :- No appearance by Defendant - ex parte hearing - sentencing principles - had pleaded not guilty but put on no evidence - actual environmental harm, but minor - prompt mitigation - poor record - possible impecuniosity - audit ordered in lieu of imposing fine - publication order - costs - investigation expenses
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Protection of the Environment Operations Act 1997
EPA v George Weston Foods Ltd [2010] NSWLEC 120 EPA v Pal [2009] NSWLEC 35 CASES CITED: EPA v Ramsey Food Processing Pty Ltd [2003] NSWLEC 82, 125 LGERA 369 EPA v Ramsey Food Processing Pty Ltd [2010] NSWLEC 23 EPA v Ramsey Food Processing Pty Ltd [2010] NSWLEC 150
DATES OF HEARING: 17 September 2010
EX TEMPORE JUDGMENT DATE : 17 September 2010
PROSECUTOR Mr D Jordan, Barrister SOLICITORS LEGAL REPRESENTATIVES: Department of Environment, Climate Change and Water
DEFENDANT No appearance
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