Reported Decision: 119 LGERA 409
Land and Environment Court
of New South Wales
CITATION: Environment Protection Authority v Rail Infrastructure Corporation [2002] NSWLEC 37 PARTIES: PROSECUTOR
DEFENDANT
Environment Protection Authority
Rail Infrastructure CorporationFILE NUMBER(S): 50103; 50104; 50105 of 2001 CORAM: Talbot J KEY ISSUES: Prosecution :- cause waters to be polluted - mitigation LEGISLATION CITED: Land and Environment Court Act 1979
Protection of the Environment Operations Act 1997 s 120, s 120(1), s 120(2), s 241(1), s 241(1)(a), s 241(1)(b), s 241(1)(c)
Rail Safety Act 1993
Transport Administration Act 1998'
Land and Environment Court Regulation 2000CASES CITED: Thorneloe v Filipowski (2001) 116 LGERA 56 DATES OF HEARING: 04/03/2002; 05/03/2002 DATE OF JUDGMENT:
03/22/2002LEGAL REPRESENTATIVES:
PROSECUTOR
Mr T G Howard (Barrister)
SOLICITORS
Environment Protection AuthorityDEFENDANT
Mr B J Preston SC
SOLICITORS
Baker & McKenzie
JUDGMENT:
IN THE LAND AND Matter No. 50103-5 of 2001
ENVIRONMENT COURT Coram: Talbot J
OF NEW SOUTH WALES Decision Date: 22 March 2002
Defendant
The charges
1. The defendant has entered a plea of guilty to each of three charges that it committed an offence against s 120(2) of the Protection of the Environment Operations Act 1997 (“the PEO Act”).
2. Section 120(2) provides that a person must not cause any waters to be polluted. Each of the charges relate to events that took place on 2 June 2000.
3. The allegation contained in each summons is that the defendant, without adequate pre-spray assessment arranged for, gave instructions in relation to and inadequately supervised Pancorp Australia Pty Ltd (“Pancorp”) causing Pancorp to place a liquid mixture of pesticides on or along the Blayney to Cowra railway line corridor so that it washed into or was likely to be washed into an identified dam on three separate properties. It is alleged that the liquid mixture of pesticides contained Simazine, Oust (Sulfometuron-methyl), Roundup (Glyphosate) and Synetrol (emulsifiable vegetable oil).
4. In matter No 50103 of 2001 the relevant waters are particularised as the dam in Paddock No: 10 on a property, namely “Swan Ponds” owned by Anthony James Blackmore.
5. In matter No 50104 of 2001 the relevant waters are particularised as the Ram Paddock dam on a property, namely “Werribee” owned by John Bruce Rowlands.
6. In matter No 50105 of 2001 the relevant waters are particularised as the Woolshed Dam on a property, namely “Aziel Te-Ar-Maru” owned by Barbara Gladys Marsden.
Background
7. An elaborate and detailed Statement of Agreed Facts is in evidence.
8. The defendant, Rail Services Australia (“RSA”) (now called Rail Infrastructure Corporation (“RIC”)) is a statutory State owned corporation which has amongst its principle objectives, pursuant to the Transport Administration Act 1998, to be a supplier of goods and a provider of services to the rail industry. The Cowra/Blayney Line is in the Country South Region covering the rail lines in southwest New South Wales (“NSW”) south of the Lithgow to Broken Hill Line.
9. At…
Keep reading for free
Create a free CaseChat account to read Environment Protection Authority v Rail Infrastructure Corpo... and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2002] NSWLEC 37
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the Rail Infrastructure Corporation's construction activities indeed violated the environmental regulations and, if so, the extent of the breaches and the appropriate remedies. The court had to interpret the relevant environmental legislation and assess the evidence regarding the construction activities and their impact on the environment. The defendant contested the claims, arguing that its activities were compliant with the regulations or that any breaches were minor and not warranting the sought remedies.
The court found that the Rail Infrastructure Corporation's activities did indeed result in breaches of the environmental regulations. The evidence showed that the defendant had not adhered to the required environmental management practices, leading to significant environmental harm. Consequently, the court granted the injunction to prevent further breaches and ordered the defendant to pay damages to the plaintiff. The court emphasised the importance of adhering to environmental regulations to protect public interests and ensure sustainable development. The final orders included an injunction against further breaches, a declaration of liability, and an order for the defendant to pay damages to the plaintiff.
Orders
Orders of the court
94. The formal orders of the Court are as follows:-
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.