Environment Protection Authority v Bulga Coal Management Pty Limited [2014] NSWLEC 5

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Bulga Coal Management Pty Limited [2014] NSWLEC 5 Hearing dates: 25, 26, 27, 29 November 2013, 2 December 2013 Decision date: 05 February 2014 Jurisdiction: Class 5 Before: Pain J Decision: See paragraph [136] Catchwords: PROSECUTION - plea of not guilty to charge of failing to notify regulatory authority as soon as practicable after defendant became aware of pollution incident that caused or threatened material harm - that pollution incident causes or threatens material harm subjective element of offence - prosecutor failed to establish elements of offence Legislation Cited: Native Vegetation Conservation Act 1997 Protection of the Environment Operations Act 1997 s 3, s 6, s 147, s 148, s 150, s 152, Part 5.7, s 193 Protection of the Environment Operations (General) Regulation 2009 cl 101 Cases Cited: Director-General of Department of Land and Water Conservation v Greentree [2003] NSWCCA 31; (2003) 140 A Crim R 25 Environment Protection Authority v N (1992) 26 NSWLR 352 He Kaw Teh v The Queen [1985] HCA 43; (1985) 157 CLR 523 Lim Chin Aik v The Queen [1963] AC 160 Pereira v Director of Public Prosecutions [1988] HCA 57; (1988) 35 A Crim R 382 Category: Principal judgment Parties: Environment Protection Authority (Prosecutor) Bulga Coal Management Pty Limited (Defendant) Representation: Mr S Rushton SC with Mr B Neild (Prosecutor) Mr T Howard SC Environment Protection Authority (Prosecutor) McCullough Robertson Lawyers (Defendant) File Number(s): 51033 of 2012