Environment Protection Authority v Sorcevski [2002] NSWLEC 115

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Sorcevski [2002] NSWLEC 115 PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Tony Sorcevski FILE NUMBER(S) : 50082; 50083 of 2001 CORAM: Talbot J KEY ISSUES: Prosecution :- using land as a waste facility - penalty Environmental Offences and Penalties Act 1989 s 14 LEGISLATION CITED: Protection of the Environment Operations Act 1979 s 144(1), s 241, s 241(1)(a), s 241(1)(b), s 241(1)(c), s 245 Waste Minimisation and Management Act 1995 s 64(1) Port Stephens Local Environmental Plan 1987 cl 25 CASES CITED: DATES OF HEARING: 28/05/2002 EX TEMPORE JUDGMENT DATE : 05/28/2002

PROSECUTOR Mr D Jordan (Barrister) SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT In Person SOLICITORS N/A

JUDGMENT:

IN THE LAND AND Matter No. 50082 – 3 of 2001 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 28 May 2002

Environment Protection Authority Prosecutor v Tony Sorcevski Defendant

REASONS FOR JUDGMENT

1. HIS HONOUR: The defendant has pleaded guilty to two charges. Firstly, as the owner of land that cannot be lawfully used as a waste facility, he admitted that between 20 April 1999 and 30 June 1999 he allowed it to be used as a waste facility in breach of s 64(1) of the Waste Minimisation and Management Act (1995) ("the Waste Minimisation Act"). Pursuant to s 64(1) of the Waste Minimisation and Management Act, an owner who permits land to be used as a waste facility without lawful authority is guilty of an offence under the Environmental Offences and Penalties Act 1989 ("the EOP Act"). The second offence involves a breach s 144 (1) of the Protection of the Environment Operations Act 1979 ("the PEO Act") , arising from the receipt of waste after 1 July and up to 8 July 1999.