Environment Protection Authority v Eveston (No 2)

[2021] NSWLEC 150

Land and Environment Court

New South Wales

Medium Neutral Citation:

Environment Protection Authority v Eveston (No 2) [2021] NSWLEC 150

Hearing dates:

15 December 2021

Date of orders:

16 December 2021

Decision date:

16 December 2021

Jurisdiction:

Class 5

Before:

Pain J

Decision:

The Court orders:

(1) Vacate the sentencing hearing listed on 9 and 10 February 2022.

(2) List the matter before the List Judge on 25 February 2022 for directions.

(3) The sentencing hearing is listed for 12-13 October 2022.

Catchwords:

PROCEDURE – vacation of sentencing hearing for two offences of failing to comply with conditions in an amended revocation notice granted – new hearing dates to be allocated

Legislation Cited:

Uniform Civil Procedure Rules 2005 (NSW), r 7.36

Cases Cited:

Chief Executive, Office of Environment and Heritage v Turnbull [2019] NSWLEC 125

Environment Protection Authority v Eveston [2020] NSWLEC 178

Eveston v Environment Protection Authority [2021] NSWLEC 52

Category:

Procedural rulings

Parties:

Environment Protection Authority (Prosecutor)
Christopher James Eveston (Defendant)

Representation:

Counsel:
T Epstein (Prosecutor)
J Farrell (Defendant)

Solicitors:
Environment Protection Authority (Prosecutor)

File Number(s):

2020/145596, 2020/145597

Publication restriction:

No

Judgment

1. The Defendant, Mr Eveston, has been charged with two offences relating to the failure to comply with two conditions of an amended revocation notice dated 12 February 2019 issued in relation to an environment protection licence. The failures relate to the removal of waste from a site at Goulburn in stages in a specified timeframe. Mr Eveston has pleaded guilty to both charges. He has filed a notice of motion dated 14 December 2021 seeking an order vacating the sentencing hearing presently set down for 9-10 February 2022.

2. Mr Eveston is represented by his barrister Mr Farrell who is acting pro bono and has only recently been briefed in November 2021. Mr Eveston was unrepresented from 12 July 2021 until recently.

Evidence

3. Mr Eveston has sworn an affidavit dated 14 December 2021 attesting to the conduct of these proceedings and related Class 1 proceedings to date which chronology is lengthy. A chronology of events is set out in par 3 as follows:

15/5/20 – the EPA issued the 2 criminal actions (these proceedings).

20/5/20 – the EPA served the 2 criminal actions.

19/6/20 – the EPA’s expert witness Mr Marton’s [sic] swears his first affidavit attaching his report (dated 19/6/20) (Martons [sic] report)

25/6/20 – Mr Martons [sic] affidavit & report were served.

14/8/20 – I entered please of guilty to both of the EPA’s criminal charges

28/5/21 – the NSW LEC dismissed both my applications for orders to make the EPA release my $250,000 security (that I paid as a condition of the EPL, which the EPA revoked in March 2018) which meant I didn’t have nay money to pay for the clean-up required at the Goulburn Site.

6/21 – BAL Lawyers stopped acting for me in these proceedings.

6/8/21 – the EPA served 2 certificates of conviction, and affidavit of Mr Heinze and a further affidavit by Mr Martons [sic].

7/9/21 – the EPA…