Land and Environment Court
of New South Wales
CITATION: Environment Protection Authority v Timber Industries Ltd [2001] NSWLEC 25 PARTIES: PROSECUTOR
DEFENDANT
Environment Protection Authority
Timber Industries LtdFILE NUMBER(S): 50048 of 2000 CORAM: Pearlman J KEY ISSUES: Environmental Offences :- water pollution - plea of guilty - penalty LEGISLATION CITED: Protection of the Environment Operations Act 1997 s 120(1), s 123, s 241 CASES CITED: Camilleri’s Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683;
Environment Protection Authority v Timber Industries Ltd [2000] NSWLEC 39;
R v Slattery (1996) 90 A Crim R 519;
R v Thompson [2000] NSWCCA 309DATES OF HEARING: 01/02/2001 DATE OF JUDGMENT:
03/02/2001LEGAL REPRESENTATIVES: DEFENDANT
PROSECUTOR
Mr G J Plath (Solicitor)
SOLICITORS
Environment Protection Authority
Mr A L Hill (Barrister)
SOLICITORS
Murphy & Moloney
JUDGMENT:
IN THE LAND AND 50048 of 2000
ENVIRONMENT COURT
Pearlman J
OF NEW SOUTH WALES 2 March 2001
- Prosecutor
Defendant
Introduction
1. The defendant, Timber Industries Ltd, has pleaded guilty to committing an offence under s 120(1) of the Protection of the Environment Operations Act 1997 (“the POEO Act”). The summons charges that on or about 7 September 1999, at or near Oberon, the defendant polluted waters.
Background
2. The defendant has owned and operated a timber mill in Lowes Mount Road, Oberon (“the site”) for many years.
3. The defendant has a collection system on the site to manage run-off. The collection system comprises three pits at the front of the site, numbered DP-01, DP-02 and DP-03. They are connected via pipes. Pit DP-01 is the final pit and has a pump attached to it which pumps run-off to a wastewater storage dam at the back of the site.
4. At the time of the incident, the defendant was the holder of an environmental protection licence which regulated liquid discharge from the site. The licence included a condition to the effect that wastes must not be discharged from pit DP-02 which:
1) exceed a volume of 1 kilolitre (1,000 litres) on any day;
2) cause more that 20 milligrams per litre of biochemical oxygen demand (BOD);
3) contain more than 30 milligrams per litre of non-filterable residue (NFR).
5. An agreed statement of facts was submitted from which I derive the following description of what occurred and how it occurred.
The Incident
6. At approximately 9.10 am on 7 September 1999, two officers of the Environment Protection Authority (“the EPA”) were obtaining fuel at the Caltex Depot located opposite the site. Both officers observed a blue hose discharging black coloured liquid protruding through the front fence of the site.
7. One officer observed that the liquid flowed from the hose across a nature strip approximately 6 metres wide in front of the site, then through a drain passing under Lowes Mount Road and into a drainage channel which ran along the eastern side of Lowes Mount Road (“the drainage channel”).
8. The liquid was being…
Keep reading for free
Create a free CaseChat account to read Environment Protection Authority v Timber Industries Ltd 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
- [2001] NSWLEC 25
- Decision Date
CaseChat Overview and Summary
The court considered various factors in determining the penalty, including the extent and likelihood of environmental harm, the defendant's lack of proper maintenance and oversight, and the deliberate decision to pump the liquid outside the site rather than managing it internally. The court also acknowledged the defendant's remedial actions post-incident, such as implementing a cleaning schedule and issuing environmental policy reminders to staff. The defendant's previous conviction for a similar offence and their cooperation with the prosecution were also taken into account. Despite the lack of actual harm and the defendant's efforts to prevent future incidents, the court found the actions taken at the time of the incident demonstrated a lack of competence and responsibility. The court imposed a fine of $20,000, reflecting a 20% discount for the defendant's guilty plea and considering the overall circumstances of the case.
Orders
Orders of the court
Full text does not contain this section.
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.