ENVIRONMENT PROTECTION AUTHORITY v MIDDLE HARBOUR CONSTRUCTIONS PTY LIMITED [2002] NSWCCA 123

Reported Decision : (2002) 119 LGERA 440

New South Wales Court of Criminal Appeal

CITATION : ENVIRONMENT PROTECTION AUTHORITY v MIDDLE HARBOUR CONSTRUCTIONS PTY LIMITED [2002] NSWCCA 123 FILE NUMBER(S) : CCA 60197/01 HEARING DATE(S) : 29 October 2001 JUDGMENT DATE : 8 April 2002

PARTIES : Appellant: Environment Protection Authority Respondent: Middle Harbour Constructions Pty Limited JUDGMENT OF : Beazley JA at 1; Hulme J at 22; Barr J at 62

LOWER COURT JURISDICTION : Land and Environment Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL Sheahan J OFFICER :

COUNSEL : Appellant: SJ Rushton SC Respondent: PR Clay Appellant: S Garrett SOLICITORS : Environment Protection Authority Respondent: R Burridge Solicitor Grafton

DECISION : Appeal dismissed

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL No: 60197/01 BEAZLEY JA HULME J BARR J

Monday, 8 April 2002 ENVIRONMENT PROTECTION AUTHORITY v MIDDLE HARBOUR CONSTRUCTIONS PTY LIMITED

JUDGMENT

1 BEAZLEY JA: I have had the advantage of reading in draft the judgment of Hulme J. His Honour has set out the facts and I do not need to repeat them. 2 The respondent pleaded guilty to an offence under s 120 of the Protection of the Environment Operations Act 1997 (NSW) (the Act). That section provides:

"120 Prohibition of pollution of waters

(1) Prohibition on polluting A person must not pollute any waters.

(2) Prohibition on causing pollution A person must not cause any waters to be polluted.

(3) Prohibition on permitting pollution A person must not permit any waters to be polluted.