Land and Environment Court
of New South Wales
CITATION: Environment Protection Authority v Excel Fuels Pty Limited [2002] NSWLEC 160 PARTIES: PROSECUTOR:
DEFENDANT:
Environment Protection Authority
Excel Fuels Pty LimitedFILE NUMBER(S): 50138 of 2001 CORAM: Bignold J KEY ISSUES: Environmental Offences :- pollution of waters-mitigating circumstances-application for discharge without conviction. LEGISLATION CITED: Protection of the Environment Operations Act 1997, s 120
Crimes (Sentencing Procedure) Act 1999, s 10CASES CITED: Cabonne Shire Council v Environment Protection Authority (2001) 115 LGERA 304;
Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 at 701/702;
Environment Protection Authority v BHP Steel (AIS) Pty Ltd (2001 NSWLEC 214;
Environment Protection Authority v Byron Shire Council (2001) NSWLEC 54;
Environment Protection Authority v Devro-Teepak (2001) NSWLEC 275;
Environment Protection Authority v Haylan (2001) NSWLEC 89)· Environment Protection Authority v Middle Harbour Constructions (2002) 119 LGERA 440;
Environment Protection Authority v Timber Industries Ltd (2001) NSWLEC 25;
The Queen v Olbrich (1999) 199 CLR 270;
Thorneloe v Filipowski (2001) 116 LGERA 56DATES OF HEARING: 13 June 2002 DATE OF JUDGMENT:
09/13/2002LEGAL REPRESENTATIVES: DEFENDANT:
PROSECUTOR:
Mr G Plath, Solicitor
SOLICITORS:
Solicitor Environment Protection Authority
Mr D Olney, Solicitor
SOLICITORS
Booth Brown Samuels and Olney
JUDGMENT:
IN THE LAND AND
Matter No. 50138 of 2001
ENVIRONMENT COURT OF
Coram: Bignold J.
NEW SOUTH WALES
13 September 2002
ENVIRONMENT PROTECTION AUTHORITY
PROSECUTOR
v
EXCEL FUELS PTY LIMITED (ACN 003 363 835)
DEFENDANT
JUDGMENT
Bignold J:
A. INTRODUCTION
1. The Defendant has pleaded guilty to the charge of an offence against the Protection of the Environment Operations Act 1997 (the PEO Act) in that on or about 13 December 2000 at Lithgow it polluted waters.
2. According to the Particulars endorsed upon the Summons—
(i) the pollutant was “matter containing diesel fuel and/or petroleum product and/or oil”;
(ii) the waters were “a stormwater drain leading to Farmers Creek and downstream thereof”; and
(iii) the manner in which the pollution occurred was “the transfer of the pollutant from a bunded area at the premises at or near the corner of Main Street and Enfield Avenue, Lithgow, to an oily water Separator from which it was pumped to the waters”.
3. The PEO Act, s 120(1) and (4) respectively provide as follows:
(1) A person must not pollute waters.
…….
(4) A person who contravenes this section is guilty of an offence.
4. The terms “pollution” and “waters are terms defined very expansively by the Dictionary to the PEO Act as is the expression “water pollution or pollution of waters”.
5. It is clear that the aforesaid particulars of the offence fall within the ambit of those expansively defined terms.
6. The PEO Act, s 123 prescribes a maximum penalty of $250,000 for an offence under Part 5.3 (which includes s 120) committed by a corporation.
7. The only issue for decision by the Court is sentence, in respect…
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- Case
- [2002] NSWLEC 160
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