Environment Protection Authority v Pullinger (No 2)

The case of Environment Protection Authority v Pullinger (No 2) involved the Environment Protection Authority prosecuting Robert Lenard Pullinger for offences under the Protection of the Environment Operations Act 1997 (NSW). The offences related to Pullinger's failure to comply with directions from clean-up and prohibition notices issued under the Act. The proceedings were heard in the Local Court of New South Wales.

The court was required to determine whether Pullinger was guilty of the offences as alleged. Specifically, the court had to consider whether Pullinger had contravened direction 7, direction 10, and the prohibition notice issued under the Act. The court had to examine the evidence presented by the prosecution and assess whether Pullinger had a reasonable excuse for not complying with the directions.

The court found Pullinger guilty of the offences as charged. The court determined that Pullinger had not provided a reasonable excuse for his failure to comply with the directions in the clean-up and prohibition notices. The court accepted the evidence presented by the prosecution and found Pullinger's defence to be unpersuasive. The court found that Pullinger's actions had caused significant environmental harm and posed a risk to public health and safety.

The court made orders convicting Pullinger of the offences and listing the proceedings before the list judge to obtain a date for a hearing in relation to sentence and directions in relation to preparation for the sentence hearing. The court did not impose any penalty or sentence at the time of the conviction.