Environment Protection Authority v Unomedical Pty Limited (No 3) [2010] NSWLEC 198

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Unomedical Pty Limited (No 3) [2010] NSWLEC 198

PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Unomedical Pty Limited

FILE NUMBER(S) : 50046 of 2008

CORAM: Pepper J

ENVIRONMENTAL OFFENCES :- whether the defendant failed to implement such practicable means as may have been necessary to reduce air pollution resulting from the operation of a medical sterilisation facility - as a result of the sterilisation process ethylene oxide, a carcinogen, was emitted into the atmosphere - no defined statutory standards or limits were imposed on the defendant's discharge of ethylene oxide - the defendant was aware that an abatement system could have been installed that would have significantly reduced the amount of ethylene oxide emitted but considered it unneccesary to install it - whether the installation of an abatement system was necessary when no actual harm proven - use of overseas learning and literature to establish defendant's state of knowledge of available practicable means - defendant found guilty

KEY ISSUES: STATUTORY CONSTRUCTION :- meaning of "such practicable means as may be necessary" - meaning of "air pollution"

DEFENCES :- whether defence of honest and reasonable mistake of fact established by defendant - held it was not - whether defence of officially induced error of law available at common law in Australia - held it was not - whether, if it was, it had been established on the facts - held it had not

Environmental Planning and Assessment Act 1979 s 79C(1) Evidence Act 1995 s 136 LEGISLATION CITED: Interpretation Act 1987 ss 9, 33, 45 Protection of the Environment Operations Act 1997 ss 96, 128, 172 Protection of the Environment Operations (Clean Air) Regulation 2002 cl 6C(1) and (2)(c)