Environment Protection Authority v Leaway Pty Limited - [2006] NSWLEC 44

Land and Environment Court

of New South Wales

CITATION: Environment Protection Authority v Leaway Pty Limited [2006] NSWLEC 44

PARTIES:
APPLICANT
Environment Protection Authority
RESPONDENT
Leaway Pty Limited

FILE NUMBER(S): 40719 of 2005

CORAM: Preston CJ

KEY ISSUES:
Civil Enforcement :- licensed waste facility - obligation to pay contributions for waste received and disposed of at facility - breach of - order to remedy breach by payment of contributions and interest on unpaid contributions.
Civil Enforcement:- licensed waste facility - licence condition and regulatory requirements to prepare and provide information and reports to the Environment Protection Authority - breach of - order to remedy breach by preparing and providing required information and reports.
Waste Disposal:- licensed waste facility - obligation to pay contributions for waste received and disposed of at facility - licence condition and regulatory requirements to prepare and provide information and reports to the Environment Protection Authority - breaches of - orders to remedy and restrain breaches.

LEGISLATION CITED: Protection of the Environment Operations Act 1997, s 88, s 252(6)
Protection of the Environment Operations (Waste) Regulation 1996, reg 18(1)(b), reg 18(4)(a), reg 19, reg 20(b), reg 23, reg 23A, reg 24(1)

DATES OF HEARING: 01/02/2006

EX TEMPORE JUDGMENT DATE: 02/01/2006

LEGAL REPRESENTATIVES: APPLICANT
Mr J Kirk (barrister)
SOLICITOR
Environment Protection Authority
RESPONDENT
No appearance

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

PRESTON CJ

WEDNESDAY 1 FEBRUARY 2006

40719 OF 2005

ENVIRONMENTAL PROTECTION AUTHORITY V LEAWAY PTY LIMITED
JUDGMENT

1 HIS HONOUR: The applicant, the Environment Protection Authority, (“EPA”), has brought civil enforcement proceedings in Class 4 of the Court’s jurisdiction to remedy and restrain breaches of the Protection of the Environment Operations Act 1997 (“the Act”) and the Protection of the Environment Operations (Waste) Regulation 1996 ( “the Regulation”).

2 The breaches concern obligations of the respondent, Leaway Pty Limited, as occupier of a licensed waste facility under an environment protection licence and under the Act and the Regulation, to prepare and provide to the applicant certain information and records in relation to the receipt and disposal of waste at the facility and to pay contributions and interest in respect of waste received and disposed of at the facility.

The Applicant’s Claim

3 The applicant commenced the proceedings on 6 July 2005 by an application class 4, being the appropriate originating process for this type of proceeding. The applicant claimed relief seeking, amongst other relief:

Protection of the Environment Operations Act

Protection of the Environment Operations (Waste) Regulation

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Environment Protection Authority v Leaway Pty Limited and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2006] NSWLEC 44
Decision Date: 02/01/2006

CaseChat Overview and Summary

The Land and Environment Court of New South Wales was asked to decide if a company called Leaway Pty Limited was required to pay money and provide information to the Environment Protection Authority (EPA). The EPA is responsible for protecting the environment. Leaway Pty Limited has a waste facility, which means they handle and dispose of waste. The court needed to decide if Leaway Pty Limited followed the rules about paying money for the waste they handled and providing information about the waste.

The court found that Leaway Pty Limited did not pay the required money and did not provide the necessary information. So, the court made orders for Leaway Pty Limited to pay the money they owed and to provide the information to the EPA. The court also ordered that Leaway Pty Limited pay the EPA's costs for the court case. The court case will continue on a later date to discuss other issues.

Orders