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R v Moore 2001 QCA 431

Pays/Territoire
Australie
Type de cour
Nationale- cour inférieure
Date
Oct 12, 2001
Source
UNEP, InforMEA
Nom du tribunal
Supreme Court of Queensland (Court of Appeal)
Numéro de référence
David Williams v Universal Abrasives Pty Ltd, Leslie Philip Moore & Donald Hobson [2001] - Unreported
Langue
Anglais
Sujet
Mer, Espèces sauvages et écosystèmes
Résumé
A company and two of its directors were charged with offences under the Environmental Protection Act in relation to the disposal of abrasive blasting product from a ship cleaning business in Brisbane. This case study concerns an application for leave to appeal by Moore, one of the directors. Part of the company’s business involved the collection, stockpiling, and cleaning of spent sandblasting material from shipyards. The hulls of ships are commonly painted with a paint containing Tributyltin which is extremely effective at killing marine organisms. Ships are dry docked to have the old paint removed by sandblasting and fresh paint applied. The blasting material contained quantities of Tributyltin and other chemicals ((lead, zinc, copper, arsenic, chromium, cadmium and selenium) which would be extremely harmful if released into the environment. In September 1998, it was discovered that the company had been releasing liquid waste of heavy metals (lead, zinc, copper, arsenic, chromium, cadmium, selenium and biocide tributyltin) into a storm water drain connected to the Brisbane River from its premises in Bulimba. The company had also stored abrasive blasting material adjacent to the stormwater drain in a manner contravening its licence conditions. Shortly thereafter the company lost the lease on the premises at Bulimba and its commercial activities were transferred to a site at Thornlands near Eprapah Creek. Stockpiles of contaminated material were dumped on the Thornlands property and some of the contaminated material was buried. The property at Thornlands was adjacent to Eprapah Creek, an area of high environmental value. EPA investigations identified excessively high concentrations of tributyltin, zinc, copper, lead and arsenic in water and sediment samples relating to both sites. In some samples, heavy metals concentrations were more than one million times the standard. When discovered, orders were issued requiring the proper removal of the materials. There was a failure to comply with these orders. The company and its two directors were charged with willfully and unlawfully causing material and serious environmental harm, and willfully contravening conditions of authorities, licenses and environmental protection orders. The applicant, Moore, applied for leave to appeal against these sentences.
Texte intégral
Judgment-_R_v_Moore_2001_QCA_431_.pdf
Site web
www.unodc.org