Environment Protection Authority v Austar Coal Mine Pty Ltd (No 2) [2011] NSWLEC 255

Environment Protection Authority v Austar Coal Mine Pty Ltd (No 2) [2011] NSWLEC 255

Because the specified magazine could not publish the notice by the original deadline and the notice had inadvertently omitted the date of the pollution incident, and because both parties consented, it was appropriate to vary Order 4 to extend publication time and correct the notice requirements.

Jurisdiction
Australia
Judgment Date
21 December 2011
Procedural Posture
Class 5 / Orders by Consent in Chambers Varying a Publication Order Made on Sentence
Outcome
Orders made on 12 December 2011 varied by consent by vacating Order 4 and replacing it with a new publication order.
Legal Topics
['pollution of Waters' 'publication Order' 'variation of Orders by Consent']
['environmental Law' 'criminal Sentencing' 'court Procedure'] ['pollution of Waters' 'publication Order' 'variation of Orders by Consent']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 5 / Orders by Consent in Chambers Varying a Publication Order Made on Sentence

Legal Issues

  1. 1 ['Whether the publication order made on 12 December 2011 should be varied by consent to extend the time for publication in Australian Mining Monthly Magazine and to insert the date of the pollution incident in the notice.']

Ratio Decidendi

Because the specified magazine could not publish the notice by the original deadline and the notice had inadvertently omitted the date of the pollution incident, and because both parties consented, it was appropriate to vary Order 4 to extend publication time and correct the notice requirements.

Court Disposition

Orders made on 12 December 2011 varied by consent by vacating Order 4 and replacing it with a new publication order.

Orders

  • ['Pursuant to s 250(1)(a) of the Protection of the Environment Operations Act, the defendant is to place a notice in the Newcastle Herald newspaper within the first ten pages within 21 days at a quarter of a page in size in the form of Annexure B.' 'Pursuant to s 250(1)(a) of the Protection of the Environment...