EPA v Caltex Australia Petroleum Pty Limited [2007] NSWLEC 647

Land and Environment Court of New South Wales

CITATION : EPA v Caltex Australia Petroleum Pty Limited [2007] NSWLEC 647 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Environment Protection Authority PARTIES : RESPONDENT Caltex Australia Petroleum Pty Limited

FILE NUMBER(S) : 50023 of 2007; 50024 of 2007

CORAM: Jagot J

KEY ISSUES: Prosecution :- sentence - pollute waters - failure to notify pollution incident

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

DATES OF HEARING: 3/10/2007

EX TEMPORE JUDGMENT DATE : 3 October 2007

APPLICANT Mr P Barley, solicitor SOLICITORS Department of Environment and Climate Change LEGAL REPRESENTATIVES: RESPONDENT Mr C J Leggat SC SOLICITORS Freehills

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Jagot J

3 October 2007

50023 and 50024 of 2007

ENVIRONMENT PROTECTION AUTHORITY Prosecutor

CALTEX AUSTRALIA PETROLEUM PTY LIMITED Defendant

JUDGMENT Jagot J: 1 The defendant, Caltex Australia Petroleum Pty Ltd (Caltex), has pleaded guilty to two offences against the Protection of the Environment Operations Act 1997 (the POEO Act) as follows: (1) that it polluted waters contrary to s 120(1) of the Act in that, being in control of pipework at the depot at Gosport Street, Moree (depot), and/or failing to ensure the integrity of pipework at the depot such that hydrocarbons consistent with diesel fuel leaked from the pipework into a position where they descended or were likely to descend into groundwater; and