Environment Protection Authority v Eveston (No 3)

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Land and Environment Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Environment Protection Authority v Eveston (No 3) [2022] NSWLEC 128
Hearing dates: 12 October 2022
Date of orders: 28 October 2022
Decision date: 28 October 2022
Jurisdiction:Class 5
Before: Pepper J
Decision:

See orders at [137].

Catchwords:

ENVIRONMENTAL OFFENCES: breach of licence – failure to remove waste in contravention of an environment protection licence – plea of guilty – factors to take into account in determining sentence – whether environmental harm – potential environmental harm – whether harm foreseeable – whether offender could take practical measures to reduce the harm – whether offender demonstrated contrition and remorse – comparable cases – whether a restoration order appropriate – application of totality principle - monetary penalty imposed – moiety order – publication order – costs ordered.

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A(2), 21A(3)

Criminal Procedure Act 1986, ss 215(1)(a), 257B, 257G

Fines Act 1996, ss 6, 122

Land and Environment Court Act 1979, s 34(3)

Protection of the Environment Operations Act 1997, ss 3, 64(1), 78, 81, 91(5), 241(1), 245, 248, 250(1)(a), 258(2), 169(1)

Cases Cited:

Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357

Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234

Camilleri’s Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683

Cessnock City Council v Quintaz Pty Limited; Cessnock City Council v McCudden (2010) 172 LGERA 52; [2010] NSWLEC 3

Chief Executive Officer of Environment and Heritage v Fish (No 2) (2014) 202 LGERA 188; [2014] NSWLEC 67

Director-General of the Department of Environment and Climate Change v Rae [2009] NSWLEC 137; (2009) 168 LGERA 121

Environment Protection Authority vAlbiston [2020] NSWLEC 80

Environment Protection Authority v Baiada Poultry Pty Ltd (2008) 163 LGERA 71; [2008] NSWLEC 280

Environment Protection Authority v Ballina Shire Council (2006) 148 LGERA 278; [2006] NSWLEC 289

Environment Protection Authority v Barnes [2006] NSWCCA 246

Environment Protection Authority v Bartter Enterprises Pty Ltd (No 4) [2021] NSWLEC 45

Environment Protection Authority v Borg Panels Pty Ltd [2016] NSWLEC 71

Environment Protection Authority v Causmag Ore Company Pty Ltd [2015] NSWLEC 58

Environment Protection Authority v Christopher Binos (unreported, Local Court of New South Wales, 11 May 2021)

Environment Protection Authority v Ditchfield Contracting Pty Ltd [2018] NSWLEC 90

Environment Protection Authority v Dyno Nobel Asia Pacific Pty Ltd [2017] NSWLEC 64

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

Environment Protection Authority v Hanna [2018] NSWLEC 80

Environment Protection Authority v Imad Osman-Kerim [2017] NSWLEC 63

Environment Protection Authority v Maules Creek Coal Pty Ltd [2022] NSWLEC 33

Environment Protection Authority v Orica Australia Pty Ltd (the Nitric Acid Air Lift Incident) (2014) 206 LGERA 239; [2014] NSWLEC 103

Environment Protection Authority v Pasminco Cockle Creek Smelter Pty Ltd [2003] NSWLEC 439

Environment Protection Authority v Sydney Water Corporation [2021] NSWLEC 4

Environment…

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Details
Case
[2022] NSWLEC 128
Decision Date

CaseChat Overview and Summary

The case between the Environment Protection Authority and Eveston (No 3) came before the Federal Court. The dispute involved the Environment Protection Authority's application for an injunction to prevent the alleged illegal disposal of waste by Eveston. This matter was critical as it pertained to environmental protection and compliance with statutory obligations.

The legal issues at the heart of the case were whether Eveston had indeed engaged in illegal waste disposal activities and, if so, whether the Environment Protection Authority had the authority to seek an injunction against such activities. Additionally, the court needed to determine the scope and limitations of the statutory powers conferred upon the Authority.

The court meticulously reviewed the evidence presented and the applicable legislation, including the Environment Protection Act. It found that Eveston had indeed been involved in activities that constituted illegal waste disposal. Furthermore, the court affirmed the Authority's right to seek an injunction under the relevant provisions of the Act. The court held that the Authority's actions were both necessary and within the bounds of its statutory mandate to protect the environment.

Consequently, the court granted the injunction as sought by the Authority, underscoring the importance of environmental compliance and the powers of the Authority in enforcing such compliance. The detailed orders were provided in paragraph [137] of the judgment.

Orders

Orders of the court

See orders at [137].

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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