ENVIRONMENTAL OFFENCES: land pollution - whether defendant liable for land pollution occasioned by deposit of herbicide in the form of dust on trees and other plants - no direct evidence of how herbicide came to be deposited.
STATUTORY CONSTRUCTION: meaning of "land pollution" in Protection of the Environment Operations Act 1997 - meaning of "placing" - meaning of "or otherwise introducing into or onto" - whether "introducing" requires direct and/or controlled act - relevance of other statutory offences - use of extrinsic historical materials - whether Act a penal statute to be construed in favour of defendant or construed as a beneficial statute.
Case Details
Citation[2013] NSWLEC 98
CourtNSWLEC
JurisdictionNew South Wales
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