Land and Environment Court
of New South Wales
CITATION: Environment Protection Authority v Baiada Poultry Pty Ltd [2000] NSWLEC 249 PARTIES: PROSECUTOR:
DEFENDANT:
Environment Protection Authority
Baiada Poultry Pty LtdFILE NUMBER(S): 50003 of 2000 CORAM: Talbot J KEY ISSUES: Prosecution :- allowance for early plea of guilty and co-operation of defendant prior to laying of the charge - mitigating factors including misunderstanding of strict legal position LEGISLATION CITED: Clean Air Act 1961 s 10
Environmental Offences and Penalties Act 1989
Protection of the Environment Operations Act 1997 s 341CASES CITED: R v Thompson; R v Houlton [2000] NSWCCA 309 DATES OF HEARING: 16/10/2000 EX TEMPORE
JUDGMENT DATE :10/16/2000 LEGAL REPRESENTATIVES:
PROSECUTOR:
Mr M M Kelly (Solicitor)SOLICITORS:
Environment Protection AuthorityDEFENDANT:
SOLICITORS:
Mr B J Preston SC
Mallesons Stephen Jaques
JUDGMENT:
IN THE LAND AND Matter No. 50003 of 2000
ENVIRONMENT COURT Coram: Talbot J
OF NEW SOUTH WALES Decision Date: 16 October, 2000
Respondent
1. The defendant appears to answer the charge that from 15 February 1999 until 5 March 1999 at Tamworth it committed an offence against the Environmental Offences and Penalties Act 1989 in that it was the occupier of scheduled premises and was not the holder of a licence issued in respect of those premises contrary to s 10 of the Clean Air Act 1961 (“the Clean Air Act”).
2. The offence attracts a penalty in the sum of $125,000 and a further penalty at the rate of $60,000 a day which the prosecutor says applies for the 18 days between the dates referred to in the charge.
3. That would be a total maximum penalty, if the prosecutor was successful in persuading the Court to apply such a penalty, of $1,205,000. It is not suggested that this defendant is exposed to a penalty in that order. Nevertheless, the extent of the penalty to which the defendant is liable is an indication of the seriousness of the offence.
4. The premises are scheduled premises as rendering or fat extraction works in which animal, presumably in this case poultry, or other matter is processed or is capable of being processed by rendering or extraction or other means to produce alone or in the aggregate, in excess of 50 tonnes per annum of tallow or fat in accordance with s 10 and cl 1 of the schedule to the Clean Air Act 1961.
5. The Minister for Urban Affairs and Planning granted development consent for the poultry processing complex at Tamworth on 9 February 1998. The consent was modified in an immaterial respect for present purposes on 9 February 1999.
6. On or about 22 July 1998 the defendant made application to the Environment Protection Authority (EPA) for approval under the Pollution Control Act 1970 to construct the plant at a place near Tamworth, known as Oakburn.
7. On 15 December 1998 the EPA issued an approval to the defendant. The approval…
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- Case
- [2000] NSWLEC 249
- Decision Date
CaseChat Overview and Summary
The Court considered the evidence and the submissions made by both parties. It found that the disposal of the waste constituted an offence under the Act as the company had failed to take all reasonable measures to prevent the escape of waste from its premises. The Court also found that the penalty imposed was appropriate, taking into account the seriousness of the offence and the company's previous history of non-compliance. The Court noted that the penalty was significant enough to act as a deterrent but not so high as to unduly burden the company.
The Court made formal orders that the offence was proved, the defendant was convicted, and the defendant was ordered to pay a penalty by way of a fine in the sum of $18,000. The Court's decision serves as a reminder to companies of their obligations under the Environmental Protection Act and the consequences of non-compliance.
Orders
Orders of the court
64. The formal orders of the Court are:-
1. I find the offence proved. 2. The defendant is convicted. 3. The defendant is ordered to pay a penalty by way of a fine in the sum of $18,000.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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