Environment Protection Authority v Hardt [2006] NSWLEC 438

Reported Decision : (2006) 148 LGERA 61

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Hardt [2006] NSWLEC 438

PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Bernard Hardt

FILE NUMBER(S) : 50066 of 2004

CORAM: Preston CJ

Prosecution :- offence - use of land as waste facility without lawful authority - defendant intentionally allowed waste to be disposed of on his land - large volume of waste deposited to fill gully to construct access road - whether land cannot lawfully be used as a waste facility - meaning of "cannot lawfully be used" - not restricted to absence of lawful authority under Protection of the Environment Operations Act 1997 (NSW) but can extend to other Acts - whether use of land a "landfill or application site" and hence a waste facility - use of land held to be a waste facility requiring a licence under Protection of the Environment Operations Act 1997 but no licence obtained - use of land also unlawful under Environmental Planning and Assessment Act 1979 - whether defendant permitted land to be used as a waste facility - meaning of "permits" - does not require intention that purpose of use is as waste facility - defendant permitted use of land as waste facility KEY ISSUES: Words and Phrases:- "cannot lawfully be used" - "permits" - Protection of the Environment Operations Act 1997 (NSW), s 144(1)

Environmental Planning and Assessment Act 1979 (NSW) s 4(1), s 76B LEGISLATION CITED: Interpretation Act 1987 (NSW) s 33 Protection of the Environment Operations Act 1997 (NSW) s 3, s 5(1), s 48, s 48(2), s 114(2), s 143, s 144, s 144(1), s 144(2), Pt 1 Sch 1 "waste facilities" para 1(g), Div 2 Pt 3 Sch 1 Waste Minimisation and Management Act 1995 (NSW) s 64(1)