NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Environment Protection Authority v Bowport All Roads Transport Pty Limited [2009] NSWLEC 103
PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Bowport All Roads Transport Pty Limited
FILE NUMBER(S) : 50084; 50085; 50086; 50087; 50088 of 2007
CORAM: Sheahan J
KEY ISSUES: PROSECUTION :- plea of not guilty - excess impurities in exhaust smoke from heavy vehicles in M5 East tunnel - new technology to detect such emissions - duties of expert witnesses
Protection of the Environment Operations Act 1997 LEGISLATION CITED: Protection of the Environment Operations (Clean Air) Regulation 2002 Uniform Civil Procedure Rules 2005
CASES CITED: Cala Homes (South) Limited and Others v Alfred McAlpine Homes East Limited [1995] FSR 818; Environment Protection Authority v Shoalhaven Starches Pty Limited [2006] NSWLEC 496
DATES OF HEARING: 2-4 February 2009
DATE OF JUDGMENT: 30 June 2009
PROSECUTOR Mr S Rushton SC SOLICITORS Department of Environment and Climate Change LEGAL REPRESENTATIVES: DEFENDANT Mr M Dennis SOLICITORS Alexanders Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Sheahan J
30 June 2009
50084-50088 of 2007
Environment Protection Authority v Bowport All Roads Transport Pty Limited
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