Environment Protection Authority v Allan Andrew Keogh [1999] NSWLEC 128

Land and Environment Court of New South Wales CITATION: Environment Protection Authority v Allan Andrew Keogh [1999] NSWLEC 128

PARTIES PROSECUTOR Environment Protection Authority

DEFENDANT Allan Andrew Keogh

NUMBER: 50088 of 1998

CORAM: Cowdroy AJ

KEY ISSUES: Environmental Offences :- Contempt - plea not guilty - offence proved - waste disposal.

LEGISLATION CITED: Supreme Court Rules 1970 Environmental Offences and Penalties Act 1989, s 14(1)

DATES OF HEARING: 02/04/1999; 02/05/1999; 04/06/1999; 04/09/1999; 04/19/1999

DATE OF JUDGMENT DELIVERY: 06/08/1999

PROSECUTOR Mrs J Kelly (Barrister)

SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Mr N S Williamson (Barrister) (for part)

SOLICITORS Reimer Winter The Lawyers

JUDGMENT: The Prosecution Case

1. The prosecution charges that Allan Andrew Keogh ("the defendant") disobeyed Order 4(3) of this Court made on 21 September 1998 ("the Orders") which restrained the defendant from doing the following:- "(3) Not unlawfully deposit, place or otherwise dispose of any further waste on the property." The Orders resulted from a prosecution instituted against the defendant pursuant to s 14(1) of the Environmental Offences and Penalties Act 1989. The Statement of Charge alleges:- The Defendant is in contempt of the Court's orders of 21 September 1998 by failing to comply with Order 3 (3) in that he has unlawfully deposited, placed or otherwise disposed of waste on the property known as and situate at 34-60 Bradley Street, Orchard Hills.