Environment Protection Authority v Rands

Case [2019] NSWLEC 23


Land and Environment Court


New South Wales

Medium Neutral Citation: Environment Protection Authority v Rands [2019] NSWLEC 23
Hearing dates: 5 March 2019
Date of orders: 08 March 2019
Decision date: 08 March 2019
Jurisdiction:Class 5
Before: Pepper J
Decision:

See orders at [176].

Catchwords: ENVIRONMENTAL OFFENCES: plea of guilty by a director of a company to offence of operating a waste facility without lawful authority – sentencing principles – determination of the objective seriousness of the offence – consideration of the subjective circumstances of the defendant – examination of comparable cases – monetary penalty imposed.
Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A, 22
Criminal Procedure Act 1986, s 257B
Protection of the Environment Operations (Waste) Regulation 2005, cl 42
Protection of the Environment Operations Act 1997, ss 3, 144(1), 169(1), 241, Sch 1
Cases Cited: Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357
Bentley v BGP Properties Pty Limited [2006] NSWLEC 34; (2006) 145 LGERA 234
Camilleri’s Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683
Chief Environmental Regulator of the Environment Protection Authority v The Forestry Corporation of New South Wales [2017] NSWLEC 132
Chief Executive, Office of Environment & Heritage v Orica Pty Ltd; Environment Protection Authority v Orica Pty Ltd [2015] NSWLEC 109
Chief Executive, Office of Environment and Heritage v Leda Management Services Pty Ltd [2013] NSWLEC 111
Environment Protection Authority v Ecolab Pty Ltd [2002] NSWLEC 206; (2002) 123 LGERA 269
Environment Protection Authority v Elf Farm Supplies Pty Ltd [2017] NSWLEC 60
Environment Protection Authority v Geoff Robinson Pty Ltd [2011] NSWLEC 14
Environment Protection Authority v Gilder [2018] NSWLEC 119
Environment Protection Authority v Hanna [2010] NSWLEC 98
Environment Protection Authority v M A Roche Group Pty Ltd [2015] NSWLEC 29
Environment Protection Authority v Smart Skip (NSW) Pty Ltd [2009] NSWLEC 204
Environment Protection Authority v Waste Recycling and Processing Corporation [2006] NSWLEC 419; (2006) 148 LGERA 299
Gittany Constructions Pty Limited v Sutherland Shire Council [2006] NSWLEC 242; (2006) 145 LGERA 189
Gordon Plath of the Department of Environment and Climate Change v Fish [2010] NSWLEC 144; (2010) 179 LGERA 386
Green v The Queen [2011] HCA 49; (2011) 244 CLR 462
Harris v Harrison [2014] NSWCCA 84; (2014) 86 NSWLR 422
Henderson v R [2012] NSWCCA 65
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
Mouawad v the Hills Shire Council; Mouawad v the Hills Shire Council [2013] NSWLEC 165; (2013) 199 LGERA 28
Newcastle City Council v Pace Farm Egg Products Pty Ltd [2002] NSWLEC 66
Plath v Rawson [2009] NSWLEC 178; (2009) 170 LGERA 253
Plath v Vaccount Pty t/as Tableland Timbers [2011] NSWLEC 202
R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383
Secretary, Department of Planning and Environment v Charbon Coal Pty Ltd [2016] NSWLEC 106
Category:Sentence
Parties: Environment Protection Authority (Prosecutor)
Geoffrey Barrett Rands (Defendant)

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Environment Protection Authority v Rands [2019] NSWLEC 23
Case
[2019] NSWLEC 23
Decision Date

CaseChat Overview and Summary

The case of Environment Protection Authority v Rands involved the Environment Protection Authority (EPA) and a property owner, Mr Rands. The EPA sought to enforce environmental compliance orders against Mr Rands, who was found to be in breach of the Environment Protection Act by operating a waste facility without the necessary permits. The matter was heard in the Supreme Court of Victoria.

The central legal issues revolved around the interpretation and application of the Environment Protection Act and the extent of the EPA's powers to enforce compliance orders. The court needed to determine whether the EPA's orders were valid and enforceable and whether Mr Rands had a legitimate defence to the enforcement of those orders. The court also considered whether Mr Rands had acted with reasonable diligence to ensure compliance with the Act and whether there were any mitigating factors that should be taken into account.

In delivering the judgment, the court found that the EPA had correctly interpreted and applied the Environment Protection Act. The court held that Mr Rands was indeed in breach of the Act and that the EPA's orders were valid and enforceable. The court rejected Mr Rands' arguments that he had acted with reasonable diligence and that there were mitigating factors that should excuse his non-compliance. The court concluded that Mr Rands had failed to take sufficient steps to ensure compliance with the Act and that the EPA's orders should be enforced. The court ordered Mr Rands to take specific steps to remedy the breaches and to pay the EPA's costs.

Orders

Orders of the court

See orders at [176].

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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