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Land and Environment Court
of New South Wales
CITATION: Environment Protection Authority v TransGrid [2003] NSWLEC 18 PARTIES: PROSECUTOR:
Environment Protection AuthorityDEFENDANT:
TransGridFILE NUMBER(S): 50022 of 2002; 50023 of 2002; 50024 of 2002 and 50025 of 2002 CORAM: Lloyd J KEY ISSUES: Environmental Offences :- water pollution - plea of guilty - penalty -aggravating factors - State owned corporation - special obligation of - non-compliance with standards and procedures - mitigating factors - rehabilitation and remediation work - totality principle inapplicable for four separate offences at four separate locations
LEGISLATION CITED: Energy Services Corporations Act 1995
Energy Services Corporations Amendment (TransGrid Corporatisation) Act 1998 s 6B
Protection of the Environment Operations Act 1997 s 120, s 123, s 241
Protection of the Environment Administration Act 1991
Rural Fires Act 1997 s 63
State Owned Corporations Act 1989 s 8CASES CITED: Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683;
Department of Land and Water Conservation v Orlando Farms Pty Ltd (1998) 99 LGERA 101;
Environment Protection Authority v Boral Resources (NSW) Pty Ltd [2002] NSWLEC 232;
Environment Protection Authority v Sydney Water Corporation [2000] NSWLEC 156;
Environment Protection Authority v Tenterfield Shire Council (2000) 112 LGERA 173; [2000] NSWLEC 229;
R v Holder [1983] 3 NSWLR 245;
R v Thomson (2000) 49 NSWLR 383;
The Queen v De Simoni (1981) 147 CLR 383DATES OF HEARING: 18/11/2002, 19/11/2002 and 20/11/2002 DATE OF JUDGMENT:
02/13/2003LEGAL REPRESENTATIVES: DEFENDANT:
PROSECUTOR:
Mr S J Rushton SC
SOLICITORS:
Stephen Garrett
Mr N Hemmings QC (solicitor)
SOLICITORS:
Allens Arthur Robinson
JUDGMENT:
IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES
- 50022 of 2002
50023 of 2002
50024 of 2002
50025 of 2002
Lloyd J
13 February 2003
- Prosecutor
- Defendant
- Introduction
1 The defendant pleaded guilty to four offences against s 120 of the Protection of the Environment Operations Act 1997 (“PEO Act”) in that it caused waters to be polluted. That section headed “Prohibition of pollution of waters” provides as follows:
- (1) A person who pollutes any waters is guilty of an offence.
(2) In this section:
pollute waters includes cause or permit any waters to be polluted.
2 The summonses allege offences against s 120(2) of the PEO Act. This appears to be a misnomer. There is no offence created by s 120(2). The offence is created by s 120(1). Section 120(2) is merely a definition of the word “pollute”: see Environmental Protection Authority v Boral Resources (NSW) Pty Ltd [2002] NSWLEC 232 at [3]. The defendant, however, has not taken the point and wishes to have the matters disposed of by way of pleas of guilty.
3 The maximum penalty for the offence in the case of a corporation is $250,000 and in the case of an individual is $120,000 (s 123 of the PEO Act).
4 The relevant facts which gave rise to the commission of the…
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- AGLC
- Environment Protection Authority v Transgrid [2003] NSWLEC 18
- Case
- [2003] NSWLEC 18
- Decision Date
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