NSW RPA appeals Truegain ruling

The EPA NSW has announced it has appealed Acting Judge Lloyd’s ruling last week to award costs against the EPA NSW in favour of Truegain, a waste oil processing facility in the Rutherford Industrial Estate being prosecuted by the EPA NSW for allegedly breaching its environment protection licence.

On March 30, 2012, the EPA NSW filed appeals in the Court of Criminal Appeal against earlier judgments of Acting Judge Lloyd.

Acting EPA NSW Chief Environmental Regulator Mark Gifford said the EPA NSW disagrees with the Judge’s findings in respect of the charge not being clear and in awarding costs against the EPA NSW.

“While we disagree with Acting Judge Lloyd’s findings for a number of reasons, the proper place for this disagreement to be aired is in the Court of Criminal Appeal.”

The appeal will be heard on August 23, 2012.

Mr Gifford said the EPA NSW decided to investigate Truegain after receiving complaints in June 2010 about allegations that there was a significant amount of oil in a stormwater canal and a creek adjacent to Truegain’s premises.

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