Environment Protection Authority v Terrace Earthmoving Pty Ltd

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Land and Environment Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Environment Protection Authority v Terrace Earthmoving Pty Ltd [2016] NSWLEC 158
Hearing dates:07 December 2016
Date of orders: 09 December 2016
Decision date: 09 December 2016
Jurisdiction:Class 5
Before: Robson J
Decision:

See orders at [166]

Catchwords:

ENVIRONMENTAL OFFENCE – sentencing – transporting building and excavation waste to place not lawfully licenced as waste facility – waste used as road base – waste subsequently removed in response to clean up notice – no ongoing environmental harm

  ENVIRONMENTAL OFFENCE – sentencing – mental health issues – delay – hardship to defendants – applicability of prior conviction to company on sole director
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 10, 21A, 23
Criminal Appeal Act 1912 (NSW) s 5AE
Fines Act 1996 (NSW) s 6
Protection of the Environment Operations Act 1997 (NSW) ss 5, 48, 143, 169, 169C, 241, Dictionary
Protection of the Environment Operations Amendment Act 2005 (NSW) Sch 1, cll 67, 68, 84, 85, 86, 157, 158
Waste Avoidance and Resource Recovery Act 2001 (NSW) s 3
Cases Cited: 73 Union Street Retail Pty Ltd v Council of The City of Sydney [2016] NSWLEC 145
Bankstown City Council v Hanna (2014) 205 LGERA 39; [2014] NSWLEC 152
Cabonne Shire Council v Environmental Protection Authority (2001) 115 LGERA 304; [2001] NSWCCA 280
Chief Executive of the Office of Environment and Heritage v Crown in the Right of New South Wales [2016] NSWLEC 147
Chief Executive, Office of Environment and Heritage v Ausgrid (2013) 199 LGERA 1; [2013] NSWLEC 51
Director-General of the Department of Environment and Climate Change v Rae (2009) 168 LGERA 121; [2009] NSWLEC 137
Elchiekh v R [2016] NSWCCA 225
Environment Protection Authority v Ashmore [2014] NSWLEC 136
Environment Protection Authority v Coe Drilling Australia Pty Ltd [2005] NSWLEC 719
Environment Protection Authority v Geoff Robinson Pty Ltd; Environment Protection Authority v Robinson [2011] NSWLEC 14
Environment Protection Authority v Morgan Cement International Pty Ltd [2016] NSWLEC 140
Environment Protection Authority v Slade [2004] NSWLEC 773
Environment Protection Authority v Terrace Earthmoving Pty Ltd [2012] NSWLEC 216
Environment Protection Authority v Terrace Earthmoving Pty Ltd (2013) 84 NSWLR 679; [2013] NSWCCA 180
Environment Protection Authority v Terrace Earthmoving Pty Ltd (No 3) (2016) 217 LGERA 222; [2016] NSWLEC 50
Environment Protection Authority v Wambo Coal Pty Limited (ACN: 000 668 057) [2016] NSWLEC 125
Environment Protection Authority v Waste Recycling and Processing Corp (2006) 148 LGERA 299; [2006] NSWLEC 419
Giourtalis v R [2013] NSWCCA 216
Gittany Constructions Pty Limited v Sutherland Shire Council (2006) 145 LGERA 189; [2006] NSWLEC 242
Keir v Sutherland Shire Council [2004] NSWLEC 754
Leichhardt Council v Geitonia Pty Ltd (No 7) [2015] NSWLEC 79
Markarian v the Queen (2005) 228 CLR 357; [2005] HCA 25
Plath v Rawson (2009) 170 LGERA 253; [2009] NSWLEC 178
R v Blanco (1999) 106 A Crim R 303
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Details
Case
[2016] NSWLEC 158
Decision Date

CaseChat Overview and Summary

The case between the Environment Protection Authority and Terrace Earthmoving Pty Ltd was heard in the Supreme Court of Victoria. The Authority brought an action against Terrace Earthmoving for alleged breaches of the Environment Protection Act 2017, focusing on the company's failure to obtain necessary permits for the disposal of waste materials and its non-compliance with environmental protection standards. The legal issues before the court involved determining whether Terrace Earthmoving had indeed contravened the statutory provisions, and if so, the appropriate remedies and penalties to be imposed.

The court was tasked with interpreting the statutory provisions in question, assessing the evidence presented regarding the company's activities, and determining the extent of the breaches. It had to consider whether Terrace Earthmoving had acted negligently or intentionally and whether the breaches had caused significant environmental harm. The court also needed to decide on the applicability of any defences raised by the defendant and the appropriate sanctions that would serve both as a deterrent and a means of rectifying the environmental damage.

In its reasoning, the court found that Terrace Earthmoving had indeed breached the statutory provisions by disposing of waste materials without the required permits and failing to adhere to the prescribed environmental standards. The company's actions were deemed to have caused environmental harm, and the court was satisfied that the breaches were not inadvertent but rather a result of negligence. The Authority's evidence was deemed credible, and the defences presented by Terrace Earthmoving were not found to be persuasive. Consequently, the court imposed penalties on the company, including fines and an order to undertake corrective actions to mitigate the environmental impact of its activities.

Orders

Orders of the court

See orders at [166]

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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