Environment Protection Authority v Tyco Water Pty Ltd [2005] NSWLEC 453

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Tyco Water Pty Ltd [2005] NSWLEC 453 Hearing dates: 5 April 2005 Decision date: 19 August 2005 Jurisdiction: Class 5 Before: Bignold J Decision: 1. The Defendant is convicted of the offence as charged. 2. A penalty of $50,000 is imposed in respect of that conviction. 3. The Defendant is to pay the Prosecutor's reasonable costs in the sum determined in accordance with s253(2) of the Criminal Procedure Act 1986. 4. Exhibits to remain on the Court file. Catchwords: Environmental Offences :- water pollution caused by sewerage effluent entering waters during sewer restoration works undertaken by contractor for Sydney Water - mitigating factors - nature and extent of Defendant's culpability Legislation Cited: Protection of the Environment Operations Act 1997 s120 Crimes (Sentencing Procedure) Act 1999 s10 Cases Cited: Empress Car Co (Abertillery) Ltd v National Rivers Authority (1998) 1 All ER 481 ; State Rail Authority v Hunter Water Board (1992) 28 NSWLR 721 ; Thorneloe v Filipowski (2001) 52 NSWLR 60 Category: Principal judgment Parties: Environment Protection Authority (Prosecutor) Tyco Water Pty Ltd (Defendant) Representation: Counsel: Mr C McElwain (Prosecutor) Mr N Hemmings QC (Defendant)

Solicitors: Solicitor for the Environment Protection Authority (Prosecutor) Allens Arthur Robinson (Defendant) File Number(s): 50059 of 2004