Land and Environment Court
of New South Wales
CITATION: Environment Protection Authority v Hargraves [2002] NSWLEC 113 PARTIES: PROSECUTOR:
DEFENDANT:
Environment Protection Authority
Yolanda HargravesFILE NUMBER(S): 50120 of 2001 and 50121 of of 2001 CORAM: Lloyd J KEY ISSUES: Prosecution :- false or misleading information - materiality - knowledge of LEGISLATION CITED: Protection of the Environment Operations Act 1997 s 193, s 203 and s 211(2)
Waste Minimisation and Management Act 1995 Pt 5CASES CITED: Environment Protection Authority v Taylor, NSWLEC, Stein J, 10 March 1995, unreported;
He Kaw Teh v The Queen (1985) 157 CLR 523;
R v Cassell (1998) 45 NSWLR 325;
R v Traino (1987) 45 SASR 473;
The Queen v Davies (1974) 7 SASR 375DATES OF HEARING: 27/05/2002, 28/05/2002, 29/05/2002 and 30/05/2002 DATE OF JUDGMENT:
07/11/2002LEGAL REPRESENTATIVES:
PROSECUTOR:
Mr D A Buchanan SC
SOLICITORS:
Stephen Garrett
DEFENDANT:
Mr C M Harris (barrister)
SOLICITORS:
Matthewsfolbigg
JUDGMENT:
32
IN THE LAND AND Matter Nos.: 50120 - 21 of 2001
ENVIRONMENT COURT Coram: Lloyd J
OF NEW SOUTH WALES Decision date: 11 July 2002
Environment Protection Authority
Prosecutor
v
Yolanda Hargraves
Defendant
REASONS FOR JUDGMENT
1. The defendant, Ms Yolanda Hargraves, is charged with two offences against s 211(2) of the Protection of the Environment Operations Act 1997 (“the PEO Act”). The section states:
- A person who furnishes any information or does any other thing in purported compliance with a requirement made under this Chapter [Ch 7], knowing that it is false or misleading in a material respect is guilty of an offence.
2. The defendant is charged with furnishing information in purported compliance with a requirement under Ch 7 knowing that it is false in a material respect.
- Background facts
3. It is convenient to set out firstly those facts which are not disputed and which give rise to the charges.
4. The defendant, together with her husband, Mr N G Hargraves, is a director and shareholder of a company called Pyonex Pty Ltd (“Pyonex”). The company operates a landfill site near Oberon called variously the Balfour Quarry tip or the Mozart Lane landfill. The company takes waste, which is mainly demolition waste at the landfill site. It does not hold a licence for such a waste facility under Pt 5 of the Waste Minimisation and Management Act 1995 (“the WM&M Act”). Such a licence is only required when the amount of waste received exceeds 20,000 tonnes in any consecutive period of twelve months.
5. Pyonex was operating the landfill site in accordance with a deed of licence to deposit fill between it and the owner of the land, Oberon Council (“the council”). Under the deed Pyonex was to fill the landfill site with waste for a period of three years commencing 11 March 1998; to deposit waste that was inert waste; to pay a licence fee to the council of $5 per tonne of waste deposited; and to comply with all relevant laws including but not limited to those relating…
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- AGLC
- Environment Protection Authority v Hargraves [2002] NSWLEC 113
- Case
- [2002] NSWLEC 113
- Decision Date
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