NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Environment Protection Authority v Davis [2005] NSWLEC 643
PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: Geoffrey James Davis
FILE NUMBER(S) : 50072 of 2004
CORAM: Lloyd J
Environmental Offences :- unlawful disposal of septic tank waste - deliberate act - potential harm - plea of guilty - penalty - mitigation KEY ISSUES:
Fines Act 1996 s 6 LEGISLATION CITED: Protection of the Environment Operations Act 1997 s 143(1)(a), s 241(1)
CASES CITED: Waldon v Hensler (1987) 163 CLR 561
DATES OF HEARING: 03/02/2005 EX TEMPORE JUDGMENT DATE : 02/03/2005
PROSECUTOR: Ms J Coburn (solicitor) SOLICITOR: Stephen Garrett
LEGAL REPRESENTATIVES:
DEFENDANT: Ms M L Sneddon (barrister) SOLICITORS: Hannigans
JUDGMENT: - 1 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Lloyd J
Thursday, 3 February 2005
LEC No. 50072 of 2004
ENVIRONMENT PROTECTION AUTHORITY v DAVIS [2005] NSWLEC 643
EX TEMPORE JUDGMENT 1 His Honour: The defendant, Geoffrey James Davis, pleads guilty to an offence against s 143(1)(a) of the Protection of the Environment Operations Act 1997 in that he transported waste to a place that could not lawfully be used as a waste facility for that waste.
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