Land and Environment Court
New South Wales
- Amendment notes
Medium Neutral Citation: Environment Protection Authority v Geagea [2023] NSWLEC 125 Hearing dates: 7 September 2023 Date of orders: 17 November 2023 Decision date: 17 November 2023 Jurisdiction: Class 5 Before: Preston CJ Decision: Orders at [59]
Catchwords: OFFENCES AND PENALTIES – sentence – conspiring to supply information about waste knowing it to be false or misleading – false waste delivery dockets – objective seriousness of offence – contrary to legislative objects and regulatory scheme – potential environmental harm – practical measures to prevent foreseeable harm – control over causes – offence in lower end of mid-range – subjective circumstances of offender – earlier guilty plea – no previous convictions – good character – some assistance to authorities – remorse – unlikely to re-offend – publication order
Legislation Cited: Court Suppression and Non-Publication Order Act 2010 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A(2), 21A(3), 22(1), 23
Criminal Procedure Act 1986 (NSW) ss 257B, 257G
Fines Act1996 (NSW) s 122(1)
Protection of the Environment Operations Act 1997 NSW ss 144AA(2), 168(1)(c), 241(1), 250(1)(a)
Cases Cited: 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 Mouawad (No 2); Environment Protection Authority v Aussie Earthmovers Pty Ltd (No 3) (2020) 247 LGERA 23; [2020] NSWLEC 166
Hewitt v R (2007) 180 A Crim R 306; [2007] NSWCCA 353
Knight v The Queen [2010] NSWCCA 51
NCR Australia v Credit Connection [2005] NSWSC 1118
R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 102
R v Ehrlich (2012) 219 A Crim R 415; [2012] NSWCCA 38
R v Thompson and Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309
Category: Sentence Parties: Environment Protection Authority (Prosecutor)
Mr Dani Geagea (Defendant)Representation: Counsel:
Solicitor:
Mr D Jordan (Prosecutor)
Mr S Stanton (Defendant)
Environment Protection Authority (Prosecutor)
Paramonte Legal (Defendant)
File Number(s): 2022/00235561
JUDGMENT
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Mr Dani Geagea is charged with, and has pleaded guilty to, committing an offence against s 144AA(2) of the Protection of the Environment Operations Act 1997 (NSW) (POEO Act), by reason of s 168(1)(c) of the POEO Act, in that he conspired with others to supply information about waste to another person in the course of dealing with the waste, being information that he knew was false or misleading in material respect. A sentencing hearing has been held. The Court’s task is to determine the appropriate sentence to be imposed on Mr Geagea for the offence.
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For the reasons I will shortly give, I have determined that Mr Geagea should be convicted for the offence as charged, fined $54,000.00, ordered to pay the prosecutor’s costs and ordered to publish a notice of the sentence in a newspaper and a waste industry magazine.
The offence committed
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Section 168(1)(c) of the POEO Act provides that a person who conspires to commit an offence under…
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- AGLC
- Environment Protection Authority v Geagea [2023] NSWLEC 125
- Case
- [2023] NSWLEC 125
- Decision Date
CaseChat Overview and Summary
The court examined the evidence and submissions presented by both parties and considered the relevant statutory provisions and guidelines. It held that the Environment Protection Authority had not acted irrationally or breached procedural fairness in granting the permit. The court found that the decision-making process was thorough and that all relevant factors were considered. Furthermore, the court determined that the permit was granted in accordance with the statutory requirements and that there were no errors in the decision-making process.
Accordingly, the court dismissed the application for judicial review and found in favour of Geagea. The Environment Protection Authority's appeal was unsuccessful, and the permit granted to Geagea was upheld. The court did not make any orders regarding costs.
Orders
Orders of the court
Orders at [59]
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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