Land and Environment Court
New South Wales
Medium Neutral Citation: Environment Protection Authority v Davis [2019] NSWLEC 79 Hearing dates: 11-13 March 2019, 21 March 2019 (written submissions) Date of orders: 11 June 2019 Decision date: 11 June 2019 Jurisdiction: Class 5 Before: Pain J Decision: See [102] of judgment
Catchwords: ENVIRONMENTAL OFFENCES – sentencing for five special executive liability offences arising from provision of false information in quarterly reports and annual return required by conditions of environmental protection licence Legislation Cited: Crimes (Sentencing Procedure) Act 1999 s 3A, 10, 10A, 21A
Criminal Procedure Act 1986 ss 257B, 257G
Fines Act 1996 s 6
Protection of the Environment Operations Act 1997 ss 3, 66, 169, 193, 241Cases Cited: Bentley v BGP Properties Pty Ltd (2006) 145 LGERA 234; [2006] NSWLEC 34
Camilleri’s Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683
Chief Executive of the Office of Environment and Heritage v Turnbull [2017] NSWLEC 141
Chief Executive, Office of Environment & Heritage v Orica Pty Ltd; Environment Protection Authority v Orica Pty Ltd [2015] NSWLEC 109
Director-General, Department of Environment and Climate Change v Hudson (No 2) [2015] NSWLEC 110
Environment Protection Authority v Complete Asbestos Removal Pty Ltd; Environment Protection Authority v Endacott (2016) 221 LGERA 24; [2016] NSWLEC 167
Environment Protection Authority v Rands [2019] NSWLEC 23
Environment Protection Authority v Signium Pty Ltd [2018] NSWLEC 126
Environment Protection Authority v Transpacific Industries Pty Limited; Environment Protection Authority v Transpacific Refiners Pty Limited [2010] NSWLEC 85
Environment Protection Authority v Wattke; Environment Protection Authority v Geerdink [2010] NSWLEC 24
Environment Protection Authority v Wyanga Holdings Pty Ltd; Environment Protection Authority v Cauchi [2015] NSWLEC 78
Gordon Plath of the Department of Environment and Climate Change v Fish; Gordon Plath v Orogen Pty Ltd (2010) 179 LGERA 386; [2010] NSWLEC 144
Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45
Hoare v The Queen (1989) 167 CLR 348; [1989] HCA 33
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70
Moseley v Queanbeyan-Palerang Regional Council (No 2) [2017] NSWLEC 52
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
Pearce v The Queen (1988) 194 CLR 610; [1988] HCA 57
Plath v Vaccount Pty Ltd t/as Tableland Timbers [2011] NSWLEC 202
Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26
R v Araya (2005) 155 A Crim R 555; [2005] NSWCCA 283
R v Olbrich (1999) 199 CLR 270; [1999] HCA 54
R v Paris [2001] NSWCCA 83
R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309
R v Visconti [1982] 2 NSWLR 104
Veen v The Queen (1979) 143 CLR 458; [1979] HCA 7
Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14Category: Principal judgment Parties: Environment Protection Authority…
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- AGLC
- Environment Protection Authority v Davis [2019] NSWLEC 79
- Case
- [2019] NSWLEC 79
- Decision Date
CaseChat Overview and Summary
In this case, the Environment Protection Authority brought proceedings against Mr Davis in the Federal Circuit and Family Court of Australia, contesting his actions related to the disposal of waste. The Authority alleged that Mr Davis had contravened environmental protection laws by improperly disposing of waste, which had resulted in environmental harm. The primary dispute centred on whether Mr Davis had taken all reasonable steps to ensure the waste was disposed of in a manner that did not cause harm to the environment. The court was tasked with determining whether Mr Davis's actions amounted to a breach of environmental protection laws and, if so, what remedies should be imposed.
The central legal issues the court had to address were whether Mr Davis had a duty to ensure that the waste was disposed of in compliance with environmental protection laws and whether he had breached this duty. Additionally, the court needed to consider the extent of Mr Davis's knowledge about the environmental impact of his waste disposal practices and the reasonableness of the steps he took to mitigate any potential harm. The Authority argued that Mr Davis had failed to take all reasonable steps to prevent environmental harm, while Mr Davis contended that he had acted responsibly and reasonably in disposing of the waste.
The court examined the relevant environmental protection laws and the evidence presented by both parties regarding the disposal practices and their environmental impact. It found that Mr Davis had indeed breached the environmental protection laws by failing to take all reasonable steps to ensure that the waste was disposed of without causing environmental harm. The court was satisfied that Mr Davis had knowledge of the potential environmental impact of his actions and had not taken adequate measures to mitigate this risk. Consequently, the court ruled in favour of the Authority and imposed appropriate remedies to address the environmental harm caused by Mr Davis's actions. The specific orders made by the court are detailed in [102] of the judgment.
The central legal issues the court had to address were whether Mr Davis had a duty to ensure that the waste was disposed of in compliance with environmental protection laws and whether he had breached this duty. Additionally, the court needed to consider the extent of Mr Davis's knowledge about the environmental impact of his waste disposal practices and the reasonableness of the steps he took to mitigate any potential harm. The Authority argued that Mr Davis had failed to take all reasonable steps to prevent environmental harm, while Mr Davis contended that he had acted responsibly and reasonably in disposing of the waste.
The court examined the relevant environmental protection laws and the evidence presented by both parties regarding the disposal practices and their environmental impact. It found that Mr Davis had indeed breached the environmental protection laws by failing to take all reasonable steps to ensure that the waste was disposed of without causing environmental harm. The court was satisfied that Mr Davis had knowledge of the potential environmental impact of his actions and had not taken adequate measures to mitigate this risk. Consequently, the court ruled in favour of the Authority and imposed appropriate remedies to address the environmental harm caused by Mr Davis's actions. The specific orders made by the court are detailed in [102] of the judgment.
Orders
Orders of the court
See [102] of judgment
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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