Land and Environment Court
of New South Wales
CITATION: Environment Protection Authority v Pal [2009] NSWLEC 35
This decision has been amended. Please see the end of the judgment for a list of the amendments.PARTIES: PROSECUTOR
DEFENDANT
Environment Protection Authority
Kate Maree PalFILE NUMBER(S): 50025 of 2007; 50026 of 2007 CORAM: Sheahan J KEY ISSUES: PROSECUTION :- Tier 1 offence, plea of guilty, negligent disposal of waste, actual and likely environmental harm, totality principle, absence of contrition, capacity to pay fine etc, futility of orders, sentencing principles and options, need for general deterrence, community service LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
Fines Act 1996
Protection of the Environment Operations Act 1997
Crimes (Sentencing Procedure) Regulation 2005CASES CITED: ACCC v Chen [2003] FCA 897
Aref Rahme (1989) 43 ACrimR 81
Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357
Bentley v BGP Properties Pty Ltd (2006) 145 LGERA 234
Camilleri’s Stock Feeds Pty Ltd v EPA (1993) 32 NSWLR 683
Cobiac v Liddy (1969) 119 CLR 257
Environmental Protection Authority v Barnes [2006] NSWCA 246
Environment Protection Authority v Capdate Pty Ltd (1993) 78 LGERA 349
Environment Protection Authority v Coggins [2003] NSWLEC 111 (2003) 126 LGERA 219
Environment Protection Authority v Douglass (No.2) [2002] NSWLEC 94
Environment Protection Authorityv Emerald Peat Pty Ltd (in liq) [1999] NSWLEC 147
Environment Protection Authority v Waight (No.3) [2001] NSWLEC 126
Environment Protection Authority v Waste Recycling and Processing Corp (2006) 148 LGERA 299
Environment Protection Authority v White (1996) 92 LGERA 264
Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2004] FCA 1510
L Vogel & Son Pty Ltd v Anderson (1968) 120 CLR 157
Mill v The Queen (1988) 166 CLR 59
R v JRD [2007] NSWCCA 55
R v O’Neill [1979] 2 NSWLR 582
R v Thomson; R v Houlton [2000] NSWCCA 309 (2000) 49 NSWLR 383
Smith v The Queen (1991) 25 NSWLR 1
Veen v R (1979) 143 CLR 458 and Veen v R (No.2) (1988) 164 CLR 465DATES OF HEARING: 28-31 July 2008, 24-25 September 2008
DATE OF JUDGMENT:
31 March 2009LEGAL REPRESENTATIVES: PROSECUTOR
Mr S Rushton SC (with Mr M Friedgut at the early stages)
SOLICITORS
Mr P Barley of Depatment of Environment and Climate ChangeDEFENDANT
Mr T Ryan
SOLICITORS
Osborne Bricknell Howell
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESSheahan J
31 March 2009
JUDGMENT50025 & 50026 of 2007 Environment Protection Authority v Pal
Introduction
1 His Honour: The defendant, Kate Maree Pal describes herself as having worked for many years as a “landfill consultant” (rather than the prosecutor’s description “Waste Broker”). She was the principal of a business known as Sydney Earthmoving Solutions, and a director, with her husband Mark, of the company Mattori Haulage Pty Ltd which owned and traded under that business name. (The company was first registered in 1995 and the business name in 1997, but Mr and Ms Pal ceased operating their…
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- Environment Protection Authority v Pal [2009] NSWLEC 35
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- [2009] NSWLEC 35
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