Environment Protection Authority v Sydney Drum Machinery Pty Ltd (No 4)

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Environment Protection Authority v Sydney Drum Machinery Pty Ltd (No 4) [2016] NSWLEC 59 Hearing dates:16, 17, 18 June 201429, 30 September 20141,2,3,7,8 October 20144 December 2014Date of orders: 01 June 2016 Decision date: 01 June 2016 Jurisdiction:Class 5Before: Craig J Decision: (1) In proceedings 2016/158256 (13/50010) I record plea of guilty entered by the defendant on 29 September 2014.(2) In proceedings 2016/158257 (13/50011) I find the defendant guilty of the offence that between 24 January 2012 and 8 March 2012, at or near St Marys in the State of New South Wales, he committed an offence against s 91(5) of the Protection of the Environment Operations Act 1997 (NSW) by reason of s 169(1) of that Act in that:(a) he was a director of Sydney Drum Machinery Pty Ltd (ACN: 102625507); and(b) that Company was given a clean-up notice and did not comply with that clean-up notice without reasonable excuse.(3) In proceedings 2016/158258 (13/50012) I find the defendant guilty as charged.(4) In proceedings 2016/158195 (13/50007) I order that the summons be dismissed.(5) In proceedings 2016/158196 (13/50008) I order that the summons be dismissed.(6) In proceedings 2016/158197 (13/50009) I order that the summons be dismissed.(7) In proceedings 2016/158256 (13/50010), 2016/158257 (13/50011) and 2016/158258 (13/50012) I order that the proceedings be stood over to Friday 24 June 2016 for directions and to fix a date for hearing on sentence. Catchwords: OFFENCES – prosecution – liquid waste pollution incidents –...