Environmental & Earth Sciences Pty Ltd v Environment Protection Authority [1999] NSWCCA 192

Environmental & Earth Sciences Pty Ltd v Environment Protection Authority [1999] NSWCCA 192

The appeal was dismissed because the Court was not persuaded on a review of the evidence that guilt was not proved beyond reasonable doubt. The appellant's excavation and inadequate erosion and sediment controls caused exposed soil and sediment, being prescribed matter, to be introduced into statutory waters leading to Bango Creek. The conviction under s 16(1) could be upheld as actual pollution without needing to rely on s 16(2), and the evidence did not provide a sufficient basis for an honest and reasonable mistake of fact defence.

Jurisdiction
Australia
Judgment Date
02 August 1999
Procedural Posture
Criminal Appeal From Conviction for Polluting Waters Contrary to S 16(1) of the Clean Waters Act, 1970 / Appeal by Rehearing Pursuant to S 5 AB of the Criminal Appeal Act, 1912 From the Land and Environment Court Exercising Summary Jurisdiction Under Division 5 of the Land and Environment Court Act, 1979
Outcome
Appeal dismissed.
Legal Topics
['pollution of Waters' 'actual Pollution and Deemed Pollution' 'meaning of Waters and Watercourse' 'sediment and Non Filterable Residues' 'honest and Reasonable Mistake of Fact' 'proof Beyond Reasonable Doubt on Appeal by Rehearing']
['environmental Law' 'criminal Law' 'appellate Procedure'] ['pollution of Waters' 'actual Pollution and Deemed Pollution' 'meaning of Waters and Watercourse' 'sediment and Non Filterable Residues' 'honest and Reasonable Mistake of Fact' 'proof Beyond Reasonable Doubt on Appeal by Rehearing']

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Procedural Posture

Criminal Appeal From Conviction for Polluting Waters Contrary to S 16(1) of the Clean Waters Act, 1970 / Appeal by Rehearing Pursuant to S 5 AB of the Criminal Appeal Act, 1912 From the Land and Environment Court Exercising Summary Jurisdiction Under Division 5 of the Land and Environment Court Act, 1979

Legal Issues

  1. 1 ['Whether the respondent proved beyond reasonable doubt that the appellant polluted waters contrary to s 16(1) of the Clean Waters Act, 1970.' 'Whether the case could be sustained as actual pollution without reliance on the deeming provisions in s 16(2) of the Clean Waters Act, 1970.' 'Whether sediment or prescribed inorganic matter was placed in or on, or otherwise introduced into or on to, waters as defined in s 5 of the Clean Waters Act, 1970.' 'Whether the appellant could rely on an honest and reasonable mistake of fact defence based on a belief that erosion and sediment control works were adequate.']

Ratio Decidendi

The appeal was dismissed because the Court was not persuaded on a review of the evidence that guilt was not proved beyond reasonable doubt. The appellant's excavation and inadequate erosion and sediment controls caused exposed soil and sediment, being prescribed matter, to be introduced into statutory waters leading to Bango Creek. The conviction under s 16(1) could be upheld as actual pollution without needing to rely on s 16(2), and the evidence did not provide a sufficient basis for an honest and reasonable mistake of fact defence.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' 'The determinations made by the Land and Environment Court are confirmed.']