Environment Protection Authority v Taylor [No. 3] [2001] NSWLEC 115

Environment Protection Authority v Taylor [No. 3] [2001] NSWLEC 115

The offences were proved because the evidence, including affidavits, photographs and videotape, showed extensive contamination of clothes, food-related areas, utensils and other items after the defendant used FICAM W Insecticide; the defendant had read the label; the pesticide was registered, the container approved and the label registered; and the distribution of pesticide was careless and avoidable rather than merely incidental overspray.

Jurisdiction
Australia
Judgment Date
01 May 2001
Procedural Posture
Prosecution for Offences Against S 33 of the Pesticides Act 1978 / Ex Tempore Judgment on Whether Offences Proved; Penalty Stood Over
Outcome
The offences were proved in each instance; the question of penalty was stood over to a date to be fixed.
Legal Topics
['pesticides Regulation' 'careless Disregard of Pesticide Label Instructions' 'strict Liability' 'statutory Repeal and Continuation of Liability']
['environmental Law' 'criminal Law'] ['pesticides Regulation' 'careless Disregard of Pesticide Label Instructions' 'strict Liability' 'statutory Repeal and Continuation of Liability']

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Procedural Posture

Prosecution for Offences Against S 33 of the Pesticides Act 1978 / Ex Tempore Judgment on Whether Offences Proved; Penalty Stood Over

Legal Issues

  1. 1 ['Whether the defendant, in using a registered pesticide, carelessly disregarded the label instruction: "Do not allow contact with mattresses, bed clothes or clothing".' 'Whether the defendant, in using a registered pesticide, carelessly disregarded the label instruction: "Do not contaminate utensils or surfaces where food may be prepared or stored".' 'Whether the defendant, in using a registered pesticide, carelessly disregarded the label instruction: "Keep away from cooking and eating utensils and remove or cover all raw or processed foodstuffs before spraying".' 'Whether the pesticide, container and label were registered or approved as required by s 33 of the Pesticides Act 1978.']

Ratio Decidendi

The offences were proved because the evidence, including affidavits, photographs and videotape, showed extensive contamination of clothes, food-related areas, utensils and other items after the defendant used FICAM W Insecticide; the defendant had read the label; the pesticide was registered, the container approved and the label registered; and the distribution of pesticide was careless and avoidable rather than merely incidental overspray.

Court Disposition

The offences were proved in each instance; the question of penalty was stood over to a date to be fixed.

Orders

  • ['The hearing of the question of penalty is stood over to a date to be fixed.' 'The parties have liberty to approach the Registrar to obtain a hearing date.' 'The exhibits will remain with the Court.']