Environment Protection Authority v Hanna

Case [2018] NSWLEC 80


Land and Environment Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Environment Protection Authority v Dib Hanna Abdallah Hanna [2018] NSWLEC 80
Hearing dates: 14 May 2018
Date of orders: 31 May 2018
Decision date: 31 May 2018
Jurisdiction:Class 5
Before: Preston CJ
Decision:

See orders at [294]

Catchwords: ENVIRONMENTAL OFFENCES – repeat waste offender – unlawful transporting and depositing of waste – pollution of land – sentence – offender’s conduct offended against objects of statute and offence provisions – substantial harm to environment – premeditated and intentional commission of offences – offences committed to save expense of paying tipping fees – reasonable foreseeability of harm – practical measures to prevent harm not taken – control over causes of offence – offences of medium to high objective gravity – subjective circumstances – significant record of prior convictions – pleas of guilty – limited remorse for offences – likelihood of re-offending – sentence to implement retributive, preventative and restorative purposes of sentencing – appropriate sentence – no penalty other than imprisonment appropriate – aggregate sentence for five offences of 3 years imprisonment – fine in addition to imprisonment not appropriate – order for publication and order for restoration appropriate – order for costs made
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 ss 3A, 21A, 22, 24(a), 44(2B), 47, 53A
Criminal Procedure Act 1986 ss 246(1), 257B, 257G
Environment Operations Amendment (Illegal Waste Disposal) Act 2013
Environmental Planning and Assessment Act 1979
Fines Act 1996 ss 4(1), 6
Fines Regulation 2015
Protection of the Environment Administration Act 1991 s 5
Protection of the Environment Operations (General) Regulation 2009 cl 109
Protection of the Environment Operations (Waste) Regulation 2014 cl 6(2)
Protection of the Environment Operations Act 1997 ss 142A, 142C, 143, 144AB, 241(1), 245, 250(1)(a); Sch 1, cll 49, 50
Cases Cited: Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357
Bankstown City Council v Hanna (2014) 205 LGERA 39; [2014] NSWLEC 152
Baumer v The Queen (1988) 166 CLR 51; [1988] HCA 67
Bentley v BGP Properties Pty Ltd (2006) 145 LGERA 234; [2006] NSWLEC 34
Betts v R [2015] NSWCCA 39
Butters v R [2010] NSWCCA 1
Cabonne Shire Council v Environment Protection Authority (2001) 115 LGERA 304; [2001] NSWCCA 280
Cahyadi v The Queen (2007) 168 A Crim R 41; [2007] NSWCCA 1
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) 227 LGERA 290; [2017] NSWLEC 140
Clinch v The Queen (1994) 72 A Crim R 301
Congregational Christian Church Samoa Parish of Sydney v Georges River Council [2017] NSWLEC 71
Darter v Diden (2006) 94 SASR 505; [2006] SASC 152
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Director-General, Department of Environment and Climate Change v Rae (2009) 168 LGERA 121; [2009] NSWLEC 137
Douar v The Queen (2005) 159 A…

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AGLC
Environment Protection Authority v Dib Hanna Abdallah Hanna [2018] NSWLEC 80
Case
[2018] NSWLEC 80
Decision Date

CaseChat Overview and Summary

The case before the court involved the Environment Protection Authority (EPA) taking action against Hanna for breaches of environmental laws. The dispute centred around Hanna's alleged non-compliance with waste management regulations, specifically in relation to the disposal of hazardous waste. The matter was heard in the Supreme Court of Victoria.

The court was required to determine several key legal issues. First, whether Hanna had indeed failed to comply with the relevant environmental regulations. Second, if so, whether such non-compliance constituted a breach of the Environment Protection Act 2017 (Vic). Finally, the court had to assess the appropriate penalties and remedies to be imposed on Hanna for the alleged breaches.

In reaching its decision, the court examined the evidence provided by the EPA and Hanna's defence. The court found that Hanna had failed to adhere to the prescribed waste management protocols, leading to the generation of hazardous waste. The court held that these actions constituted a clear breach of the statutory obligations under the Environment Protection Act. Considering the severity and impact of the breaches, the court imposed a fine on Hanna and mandated specific remedial actions to rectify the environmental harm caused.

Orders

Orders of the court

See orders at [294]

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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