NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Environment Protection Authority v Ramsey Food Processing Pty Ltd [2009] NSWLEC 152
PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: Ramsey Food Processing Pty Ltd
FILE NUMBER(S) : 50073; 50074; 50075 of 2008
CORAM: Biscoe J
KEY ISSUES: PROSECUTION :- application by defendant during sentencing hearing for leave to contradict or qualify previously agreed facts.
LEGISLATION CITED: Evidence Act ss 4(2), 184(1), 191, 192 Protection of the Environment Operations Act 1997 ss 120(1), 148(4)
R v JGW [1999] NSWCCA 116 CASES CITED: R v Popovic (unreported 25 March 1996) R v Smith [1981] 1 NSWLR 193, R v Wilkinson (No 4) [2009] NSWSC 323
DATES OF HEARING: 4 September 2009
EX TEMPORE JUDGMENT DATE : 4 September 2009
PROSECUTOR: Mr D Jordan, barrister SOLICITORS Department of Environment & Climate Change LEGAL REPRESENTATIVES: DEFENDANT: Mr A Djemal, barrister SOLICITORS Hannigans
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BISCOE J
4 September 2009
50073-75 of 2008
ENVIRONMENT PROTECTION AUTHORITY v RAMSEY FOOD PROCESSING PTY LTD
EX TEMPORE JUDGMENT 1 HIS HONOUR: This is an application by the defendant, made on the third day of a sentencing hearing for pollution offences, for leave to contradict or qualify facts agreed in the parties' statement of agreed facts filed approximately ten weeks ago. The prosecutor's case has not yet closed. 2 The defendant has pleaded guilty to charges that it committed offences against s 120(1) of the Protection of the Environment Operations Act 1997 in that it polluted waters. It has also pleaded guilty to a charge of committing an offence against s 148(4) in that, being the occupier of premises on which a pollution incident occurred so that material harm to the environment was caused or threatened, it failed to notify the appropriate regulatory authority of the pollution incident as soon as practicable after becoming aware of the incident and to provide all relevant information about the incident.
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