Environment Protection Authority of NSW v Goulburn Wool Scour Pty Ltd

(2004) 137 LGERA 289; [2004] NSWCCA 439

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Environmental Law
2. › Pollution of waters
3. › Defence of authority of licence
4. › Whether environment protection licence 'regulated' water pollution
5. › Whether licence incorporated accumulated knowledge of licensing authority
6. › Whether deletion of licence condition removing discharge parameters left any authorisation of water pollution
7. › Protection of the Environment Operations Act 1997 (NSW), ss 120(1), 122
1. Criminal Law
2. › Defences
3. › Honest and reasonable mistake of fact
4. › Distinction between mistake of fact and mistake of law
5. › Whether mistaken belief as to operation of licence was mistake of law
6. › Protection of the Environment Operations Act 1997 (NSW), s 120(1)
1. Practice and Procedure
2. › Stated case
3. › Questions of law for determination of Court of Criminal Appeal
4. › Whether questions stated were questions of law or of fact
5. › Whether questions required sufficient specificity
6. › Whether questions of law required to be of general application
7. › Criminal Appeal Act 1912 (NSW), s 5AE

Quick Take

An environment protection licence does not 'regulate' a form of pollution merely because the licensing authority had accumulated knowledge of the licensee's operations; the licence must itself contain express or implied authorisation of the relevant pollution. A mistaken belief about how a licence operates is a mistake of law, not fact, and cannot found the defence of honest and reasonable mistake of fact. Questions stated under s 5AE of the Criminal Appeal Act 1912 need not involve a principle of general application.