Secretary, Department of Planning, Industry and Environment v Wollongong Recycling (NSW) Pty Ltd

Wollongong Recycling (NSW) Pty Ltd was prosecuted by the Secretary, Department of Planning, Industry and Environment, for breaches of the Environmental Planning and Assessment Act 1979. The defendant was accused of failing to comply with a lawful direction to cease activities on a site in Wollongong, and to remove waste from the site. Wollongong Recycling contested the charges, arguing that the waste was not hazardous, and that the direction was not lawful. The case was heard in the Land and Environment Court of New South Wales.

The court had to determine whether the defendant had contravened the specified sections of the Environmental Planning and Assessment Act. It was necessary to consider the nature of the waste at the site, the validity of the direction, and whether the defendant had failed to comply with it. The court also had to consider the appropriate penalty and publication orders for the offence.

The court found that the waste was hazardous, and the direction to cease activities and remove waste was lawful. Wollongong Recycling had failed to comply with the direction, resulting in a conviction under s 76A(1)(b) and s 125(1) of the Environmental Planning and Assessment Act. The court imposed a fine of $36,000, with half of the fine to be paid to the prosecutor. The court also ordered Wollongong Recycling to publish notices of the conviction in specified publications and on a specified website, and to provide evidence of the publication to the prosecutor. Additionally, Wollongong Recycling was ordered to pay the prosecutor’s costs of the proceeding in the amount of $26,000.

The court's orders included a conviction for Wollongong Recycling, a fine, and publication orders. The company was also required to pay the prosecutor's costs. The specific details of the publication and evidence requirements were outlined in the court's order.