EPA v Colenden Pty Ltd [2007] NSWLEC 289

Land and Environment Court of New South Wales

CITATION : EPA v Colenden Pty Ltd [2007] NSWLEC 289

APPLICANT Environment Protection Authority PARTIES : RESPONDENT Colenden Pty Ltd

FILE NUMBER(S) : 50038 of 2006

CORAM: Jagot J

KEY ISSUES: Prosecution :- sentence - pollution of waters - guilty plea - first offence - penalty

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Protection of the Environment Operations Act 1997

Environment Protection Authority v Waste Recycling and Processing Corporation (2006) 148 LGERA 299; CASES CITED: R v Thomson (2000) 49 NSWLR 383; The Queen v Olbrich (1999) 199 CLR 270

DATES OF HEARING: 17/5/07

DATE OF JUDGMENT: 25 May 2007

APPLICANT Mr E Bateman (solicitor) SOLICITORS Department of Environment and Climate Change NSW LEGAL REPRESENTATIVES: RESPONDENT Mr McCall SOLICITORS Bourke Love McCartney Young

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Jagot J

25 May 2007

50038 of 2006

ENVIRONMENT PROTECTION AUTHORITY Prosecutor

COLENDEN PTY LTD Defendant

JUDGMENT Jagot J: A. Introduction 1 Colenden Pty Ltd (the defendant) operates a timber treatment plant at Cavanagh's Road, Lowanna, inland from Coffs Harbour. The treatment process involves the use of copper chromium arsenate. During the evening of 30 November 2005, a buffer tank containing a mixture of copper chromium arsenate solution and rainwater ruptured. At least 1000 litres of contaminated wastewater leaked from the buffer tank. The wastewater entered a dam and samples disclosed elevated levels of arsenic, chromium and copper in a nearby creek, which was a tributary of the Little Nymboida River. The defendant has pleaded guilty to the offence of polluting waters (s 120(1) of the Protection of the Environment Operations Act 1997). I must now determine sentence.