Environment Protection Authority v Ramsey Food Processing Pty Ltd [2010] NSWLEC 150

Environment Protection Authority v Ramsey Food Processing Pty Ltd [2010] NSWLEC 150

The Court found that animal tallow and associated material from the defendant's abattoir escaped from the bunded area through cracking or subsidence and entered Musk Valley Creek through an old pipe. The material changed the condition of the waters and constituted pollution of waters under s 120 of the POEO Act. The offence was established by failures of the defendant, as holder of EPL 1598, to secure, maintain and supervise its premises and to adopt better work and training practices, and no statutory defence was supported by the evidence.

Jurisdiction
Australia
Judgment Date
10 August 2010
Procedural Posture
Class 5 Environmental Prosecution for Polluting Waters / Ex Tempore Judgment on Guilt After Plea of Not Guilty, With Defendant Absent and Prosecutor Proceeding Ex Parte
Outcome
Elements of the offence charged were proven; the Court found that the defendant polluted waters contrary to s 120 of the Protection of the Environment Operations Act 1997 and indicated it would hear argument on conviction, penalty, costs and ancillary orders.
Legal Topics
['pollution of Waters' 'effluent From Abattoir' 'environment Protection Licence Compliance' 'proceeding in Absence of Defendant' 'adjournment Application']
['environmental Law' 'criminal Procedure'] ['pollution of Waters' 'effluent From Abattoir' 'environment Protection Licence Compliance' 'proceeding in Absence of Defendant' 'adjournment Application']

Case Brief

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Procedural Posture

Class 5 Environmental Prosecution for Polluting Waters / Ex Tempore Judgment on Guilt After Plea of Not Guilty, With Defendant Absent and Prosecutor Proceeding Ex Parte

Legal Issues

  1. 1 ['Whether the defendant caused or permitted effluent from an abattoir to be discharged into the waters of Musk Valley Creek contrary to s 120(1) of the Protection of the Environment Operations Act 1997.' 'Whether the material entering Musk Valley Creek constituted pollution of waters within the POEO Act definition.' "Whether the defendant's written application for adjournment should be refused and the prosecution allowed to proceed in the defendant's absence." 'Whether any defence under ss 121 and 122 of the Protection of the Environment Operations Act 1997 was available on the evidence.']

Ratio Decidendi

The Court found that animal tallow and associated material from the defendant's abattoir escaped from the bunded area through cracking or subsidence and entered Musk Valley Creek through an old pipe. The material changed the condition of the waters and constituted pollution of waters under s 120 of the POEO Act. The offence was established by failures of the defendant, as holder of EPL 1598, to secure, maintain and supervise its premises and to adopt better work and training practices, and no statutory defence was supported by the evidence.

Court Disposition

Elements of the offence charged were proven; the Court found that the defendant polluted waters contrary to s 120 of the Protection of the Environment Operations Act 1997 and indicated it would hear argument on conviction, penalty, costs and ancillary orders.

Orders

  • ['Leave granted to the prosecutor to amend the summons to refer to Part 8.3 of the Protection of the Environment Operations Act 1997 rather than "section 8.3".' 'The prosecutor was granted leave to proceed in the absence of the defendant pursuant to s 250 of the Criminal Procedure Act 1986.' "The defendant's written...