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Land and Environment Court
of New South Wales
CITATION: Environment Protection Authority v Burrangong Meat Processors Pty Ltd [2003] NSWLEC 102 revised - 25/06/2003 PARTIES: PROSECUTOR
DEFENDANT
Environment Protection Authority
Burrangong Meat Processors Pty Ltd
(ACN 002 884 255)FILE NUMBER(S): 50095-6 of 2002; 50098-9 of 2002 of CORAM: Pain J KEY ISSUES: Prosecution :- plea of guilty - breach of licence condition - three offensive odour offences - consideration of penalty - mitigating circumstances - principle of totality LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 11
Protection of the Environment Operations Act 1997 s 64(1), s 129(1), s 241CASES CITED: Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683;
Environment Protection Authority v Illawarra Coke Company Pty Ltd (2002) 118 LGERA 451;
Environment Protection Authority v Shoalhaven Starches Pty Ltd (Bignold J, NSWLEC, 14 October 1997, unreported);
R v Palu [2002] NSWCCA 381;
R v Thompson; R v Houlton (2000) 49 NSWLR 383DATES OF HEARING: 21/03/2002, 2/04/2003, 4/04/2003 (written submissions), 7/04/2003 (written submissions) DATE OF JUDGMENT:
04/10/2003LEGAL REPRESENTATIVES: RESPONDENT
PROSECUTOR
Mr G Plath (solicitor)
SOLICITORS
Environment Protection Authority
Mr W Arthur (barrister)
SOLICITORS
Ian Cunliffe
JUDGMENT:
IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES
50095 of 2002, 50096 of 2002, 50098 of 2002 and 50099 of 2002
10 April 2003Pain J
- Prosecutor
- Defendant
2. There are three further charges in matter numbers 50096 of 2002, 50098 of 2002 and 50099 of 2002 in which the Defendant is charged with offences under s 129(1) of the PEO Act in that:
Introduction
1. In matter 50095 of 2002 the Defendant is charged with a breach of licence conditions pursuant to s 64(1) of the Protection of the Environment Operations Act 1997 (the PEO Act), that between 14 and 15 November 2001 inclusive the Defendant contravened one of the conditions of its environmental protection licence in that it failed to operate its effluent treatment system in a proper and efficient manner by overloading that system with effluent.
- being the occupier of premises at which a scheduled activity was carried on under the authority conferred by a licence, it did cause the emission of an offensive odour from the premises to which the licence applies
- on 11 October, 15 November and 22 November 2001 respectively. The Defendant has pleaded guilty to all the offences with which it is charged.
The facts
3. The maximum penalty for each of the four offences is $250,000.
4. A lengthy statement of agreed facts was tendered by the parties, and I will incorporate certain parts of that into my judgment. The statement of agreed facts makes clear the reasons for the offensive odour being emitted related to the Defendant’s effluent treatment system being overloaded, particularly the volume of partially treated effluent directed to anaerobic ponds, an aeration lagoon and a settling pond. Paragraphs 4, 5, 6, 9, 10, 11 and 12 of the…
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- Case
- [2003] NSWLEC 102
- Decision Date
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