Environment Protection Authority v Lee

[2023] NSWLEC 39

Land and Environment Court

New South Wales

Medium Neutral Citation:

Environment Protection Authority v Lee [2023] NSWLEC 39

Hearing dates:

31 March and 3 April 2023

Date of orders:

11 April 2023

Decision date:

11 April 2023

Jurisdiction:

Class 4

Before:

Pepper J

Decision:

The summons is dismissed with no order as to costs. The exhibits are to be returned.

Catchwords:

CIVIL ENFORCEMENT: whether Court has jurisdiction to grant declaratory relief in the terms sought in the summons – no jurisdiction to make declaration – whether the Court has jurisdiction to enforce a sentencing order of another court – no jurisdiction to compel compliance with order made by the Local Court – summons dismissed.

Legislation Cited:

Land and Environment Court Act 1979 s 20

Local Court Act 2007 ss 9, 24

Protection of the Environment Operations Act 1997 ss 129, 191, 211, 215, 243, 244, 245, 251, 252

Cases Cited:

F Hannan Pty Ltd v Electricity Commission (NSW) [No 3] (1985) 66 LGRA 306

Great Lakes Council v Lani; Lampo Pty Ltd [2007] NSWLEC 681; (2007) 158 LGERA 1

Imperial Tobacco Ltd v A-G [1981] AC 718

Inglis v Moore (1979) 24 ALR 411

Liverpool City Council v Roads and Traffic Authority (1991) 74 LGERA 265

Macquarie Generation v Hodgson [2011] NSWCA 424

Meriton Apartments Pty Limited v Sydney Water Corporation [2004] NSWLEC 699

Sankey v Whitlam [1978] HCA 43; (1978) 142 CLR 1

Category:

Principal judgment

Parties:

Environment Protection Authority (Applicant)
Mitchell Warren Lee (Respondent)

Representation:

Counsel:
D Jordan (Applicant)
N/A (Respondent)

Solicitors:
Environment Protection Authority (Applicant)
N/A (Respondent)

File Number(s):

2022/378125

Publication restriction:

Nil

JUDGMENT

The EPA Seeks to Enforce an Order Made by the Local Court

1. By summons filed on 15 December 2022, the applicant, the Environment Protection Authority (“EPA”), seeks the following relief:

1. A declaration that the Respondent has breached section 251 of the Protection of the Environment Act 1997 by not complying with Order 3 made by the Parramatta Local Court on 20 September 2022 in Local Court proceedings number 2022/00215311, namely, “3. Pursuant to s 245(c) of the Protection of the Environment Operations Act 1997, the Defendant must cause, within 28 days of the date of these orders, the following steps to be taken: a. Furnish to the EPA the information and records required by notice for information and records number N-9632 issued by the EPA to the Defendant on 19 July 2021, pursuant to s 191(1) of the Protection of the Environment Operations Act 1997.”

2. An order that the Respondent comply with Order 3 made by the Parramatta Local Court on 20 September 2022 in Local Court proceedings number 2022/00215311, namely, “3. Pursuant to s 245(c) of the Protection of the Environment Operations Act 1997, the Defendant must cause, within 28 days of the date of these orders, the following steps to be taken: a. Furnish to the EPA the information and records required by notice for information and records number N-9632 issued by the EPA…