SUPREME COURT OF SOUTH AUSTRALIA
(Land and Valuation Division)
RESOURCECO P/L v HARVEY
[2007] SASC 38
Judgment of The Honourable Justice Debelle
16 February 2007
ENVIRONMENT PROTECTION
Waste recycling depot - dust pollution - failure to comply with condition of licence permitting the waste recycling - failure to comply with environment protection order - two offences - whether penalty imposed for each offence was manifestly excessive - whether the totality principle was applied - appeal dismissed.
ENVIRONMENT AND PLANNING - COURTS AND TRIBUNALS WITH ENVIRONMENT JURISDICTION - SOUTH AUSTRALIA - SUPREME COURT - RIGHT OF APPEAL
Whether appeal from criminal jurisdiction of Environment Court should have been heard by the Full Court.
Criminal Law (Sentencing) Act 1982 s 18A; Environment Protection Act 1993 s 45(5), s 93(8), s 127(1)(a), s 132; Environment Resources and Devlopment Court Act 1993 s 30(1), s 30(2), s 30(4), referred to.
Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683; Mill v The Queen (1988) 166 CLR 59; R v Knight (1981) 26 SASR 573; R v Smith & Shoesmith (1983) 32 SASR 219; R v Sgroi (1989) 40 A Crim R 197, applied.
Harvey v BRL Harvey Ltd [2003] SAERDC 57; Harvey v The Hamilton Wine Group Pty Ltd [2002] SAERDC 23; Harvey v Kangaroo Island Council [2004] SAERDC 63; Harvey v Rural City of Murray Bridge [2004] SAERDC 32, considered.
RESOURCECO P/L v HARVEY
[2007] SASC 38Land and Valuation Division
DEBELLE J. This is an appeal against fines imposed by a judge of the Environment Resources and Development Court (“the Environment Court”) for breaches of the Environment Protection Act 1993 (“the Act”).
The appellant Resourceco Pty Ltd (“Resourceco”) holds a licence pursuant to Part 6 of the Act. A licence is a form of environmental authorisation. The licence authorises Resourceco to conduct a waste or recycling depot at Wingfield Road, Wingfield. The licence is subject to conditions. Resourceco receives demolition waste at the site and processes it for use as a base for road construction and the like. The term of the licence the subject of the complaint is from 1 September 2005 to 28 February 2006. Resourceco has held a licence authorising it to conduct a waste or recycling depot since December 2002.
Breaches of an Environmental Authorisation
On 3 November 2006 Resourceco pleaded guilty to two offences against the Act. The first offence was that, being the holder of an environmental authorisation, it contravened a condition of that authorisation contrary to s 45(5) and s 127(1)(a) of the Act. Condition 7 of the licence held by Resourceco provides that it must ensure that the height of raw and processed materials stockpiled at its premises is no greater than the stabilised raised earth bank established around the perimeter of the premises. For convenience, I will call the earth bank “the raised bank”. The raised bank is a means of reducing the emission of dust from the premises of Rescourceco.…
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- Resourceco Pty Ltd v Harvey [2007] SASC 38
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- [2007] SASC 38
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