Environment Protection Authority v Goulburn Wool Scour Pty Limited [2003] NSWLEC 200

Environment Protection Authority v Goulburn Wool Scour Pty Limited [2003] NSWLEC 200

Although it is proved beyond reasonable doubt that the defendant discharged polluting waters, the defendant succeeded in establishing that the pollution was regulated by the environmental protection licence then in force and the relevant conditions were not breached; accordingly, the statutory defence in s 122 of the Protection of the Environment Operations Act 1997 applied and the defendant is not guilty of the charged offence.

Parties
Prosecutor: Environment Protection Authority; Defendant: Goulburn Wool Scour Pty Limited
Jurisdiction
Australia
Judgment Date
09 September 2003
Procedural Posture
Criminal Prosecution / Judgment After Hearing
Outcome
not guilty
Legal Topics
Water Pollution, Licensing, Defence of Mistake of Fact, Licence Interpretation, Pollution Control, Officially Induced Error
Environmental Law Water Pollution Licensing Defence of Mistake of Fact Licence Interpretation Pollution Control Officially Induced Error

Case Brief

Summary, issues, holding and outcome

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Parties

Environment Protection Authority

Prosecutor

Goulburn Wool Scour Pty Limited

Defendant

Procedural Posture

Criminal Prosecution / Judgment After Hearing

Legal Issues

  1. 1 Whether the defendant polluted waters in contravention of s 120(1) of the Protection of the Environment Operations Act 1997
  2. 2 Whether the defendant was appropriately licensed at the relevant time and thus entitled to the defence under s 122 of the Act
  3. 3 Whether the defendant made an honest and reasonable mistake of fact

Ratio Decidendi

Although it is proved beyond reasonable doubt that the defendant discharged polluting waters, the defendant succeeded in establishing that the pollution was regulated by the environmental protection licence then in force and the relevant conditions were not breached; accordingly, the statutory defence in s 122 of the Protection of the Environment Operations Act 1997 applied and the defendant is not guilty of the charged offence.

Court Disposition

not guilty

Orders

  • The defendant is not guilty of the offence against s 120(1) of the Protection of the Environment Operations Act 1997 as charged.
  • The summons is dismissed.