MORRISON v. PEERS [1995] NSWLEC 77 (12 May 1995) [1995] NSWLEC 2

Land and Environment Court of New South Wales

CITATION : MORRISON v. PEERS [1995] NSWLEC 77 (12 May 1995) [1995] NSWLEC 2 PARTIES : MORRISON v. PEERS FILE NUMBER(S) : 50021 and 50022 of 1995 CORAM: Bignold J :- Discharge of oil from ship into waters. KEY ISSUES: ·Master and ship owner each charged with offence against s8(1) of Act. ·Each defendant pleads guilty. ·Mitigating circumstances - s556A of the Crimes Act 1900. Marine Pollution Act 1987 Navigable Waters Act 1955 LEGISLATION CITED: Crimes Act 1900 Marine Pollution (Penalties) Amendment Act 1993 Clean Air Act 1961 Environmental Planning and Assessment Act 1979 Federal Steam Navigation Co v Department of Trade (1974) 2 All ER 97 ; Halverson v Port Waratah Coal Services Ltd (unreported 9 January 1987) ; CASES CITED: Border v David Brown Corporation of Australia and Anor (unreported 19 February 1988) ; Hall v Narrabri Shire Council (unreported 10 January 1992) ; cf Walden-Hensler (1987) 75 ALR 173 at 179 per Brennan J DATES OF HEARING: 11 May 1995 DATE OF JUDGMENT: 05/12/1995

Mr A L Hill (Barrister) LEGAL REPRESENTATIVES: Mr S Liddy (Solicitor)

JUDGMENT:

Bignold J.: These are two Class 5 proceedings, which by consent have been heard together in which the two Defendants, the shipowner and master respectively, of the ship "Australia Star" have each been charged with an offence against s8(1) of the Marine Pollution Act 1987 (the Act).