Environment Protection Authority v Energy Services International Pty Limited [2001] NSWLEC 59

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Energy Services International Pty Limited [2001] NSWLEC 59 PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Energy Services International Pty Limited FILE NUMBER(S) : 50036; 50037 and; 50038 of 2000 CORAM: Cowdroy J KEY ISSUES: Environmental Offences - Prosecution :- Defendant storing hazardous waste in premises without necessary local government approval and without licence required by Waste Minimisation and Management Act 1995 - storage deliberate and undertaken with knowledge that the premises required approval - prosecution for breaches of Chemical Control Order - defendant conducting treatment of non-scheduled PCB material without approval in writing as required by order - hazardous waste produced - penalty Environmentally Hazardous Chemicals Act 1985 s 26 LEGISLATION CITED: Environmental Offences and Penalties Act 1989 Protection of the Environment Operations Act 1997 s 241 Waste Minimisation and Management Act 1995 s 5 Camilleri's Stockfeeds Pty Limited v Environment Protection Authority (1993) 32 NSWLR 662 ; CASES CITED: R v Thomson; R v Houlton (2000) 49 NSWLR 383 ; R v Holder [1983] 3 NSWLR 245 ; Veen v The Queen [No 2] (1988) 164 CLR 465 DATES OF HEARING: 26/3/01, 27/03/01 DATE OF JUDGMENT: 06/15/2001

PROSECUTOR Mr S Simmington (Solicitor)