Environment Protection Authority v Peters

[2006] NSWLEC 612

Reported Decision: 153 LGERA 238

Land and Environment Court

of New South Wales

CITATION:

Environment Protection Authority v Mark Peters [2006] NSWLEC 612

PARTIES:

PROSECUTOR
Environment Protection Authority

DEFENDANT
Mark Peters

FILE NUMBER(S):

50031 of 2005; 50033 of 2005; 50067 of 2005

CORAM:

Jagot J

KEY ISSUES:

Prosecution :- Sentence - use of pesticide other than in accordance with approved label - furnishing records to the EPA knowing they were false in a material respect

LEGISLATION CITED:

Crimes (Sentencing Procedure) Act 1999 s 3A, s 21A(2), s 21A(3), s 22
Criminal Procedure Act 1986 s 250(a)
Fines Act 1996 s 6
Pesticides Act 1999 s 15
Protection of the Environment Operations Act 1997 s 169, s 193, s 211(2), s 241(1)

CASES CITED:

Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357;
Bentley v BGP Properties Pty Ltd (2006) 145 LGERA 234;
Environment Protection Authority v Ableway Waste Management Pty Limited & Anor [2005] NSWLEC 469;
Environment Protection Authority v Gosford City Council [2000] NSWLEC 154;
Environment Protection Authority v Hargraves (No 2) (2003) 124 LGERA 57;
Environment Protection Authority v Le Dome Pty Limited [2002] NSWLEC 167;
Environment Protection Authority v Mark Peters [2006] NSWLEC 465;
Environment Protection Authority v Wellbourne and Ligano Pty Ltd trading as Manly Warringah Pest Control [1999] NSWLEC 244;
EPA v Barnes [2006] NSWCCA 246;
EPA v Umbers [2001] NSWLEC 67;
R v Thomson (2000) 49 NSWLR 383;
Reg v O’Neill (1979) 2 NSWLR 582;
Veen v The Queen [No. 2] (1988) 164 CLR 465

DATES OF HEARING:

11/09/2006

EX TEMPORE JUDGMENT DATE:

09/11/2006

LEGAL REPRESENTATIVES:

PROSECUTOR
Mr T Howard
SOLICITORS
Department of Environment & Conservation

DEFENDANT
No appearance
SOLICITORS
N/A

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Jagot J

11 September 2006

50031 of 2005
50033 of 2005
50067 of 2005

ENVIRONMENT PROTECTION AUTHORITY
Prosecutor

MARK PETERS
Defendant

JUDGMENT

1 I have found proved the offences charged in each summons, as described below.

Proceedings 50033 of 2005

… the defendant, Mark Peters of 25 The Esplanade Drummoyne, in the State of New South Wales … on or about 31st January 2005 as a director of Mandiar Pty Limited (ACN 092 426 045), … committed an offence against section 211(2) of the Protection of the Environment Operations Act 1997 (the “Act”) by reason of section 169(1) of the Act, in that in purported compliance with a requirement made under Chapter 7 of the Act Mandiar Pty Limited furnished records knowing they were false in a material respect.

Proceedings 50067 of 2005

… the defendant, Mark Peters of 25 The Esplanade, Drummoyne, in the State of New South Wales, … as a director of Jalenia Pty Limited (ACN 083 124 725), on or about 16th March 2002 … committed an offence against section 15(1) of the Pesticides Act 1999 (the “Act”) by reason of s 112(1) of the Act, in that at or near 16 Roskell Road, Callala Beach,…