Environment Protection Authority v Waight [2003] NSWLEC 75

> Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Waight [2003] NSWLEC 75 PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Waight FILE NUMBER(S) : 50019 of 1999 and 50020 of 1999 CORAM: Pearlman J KEY ISSUES: Practice and Procedure :- stay of proceedings - contempt - failure to establish unfairness LEGISLATION CITED: Environmental Offences and Penalties Act 1989 CASES CITED: Comet Products UK Ltd v Hawkex Plastics Ltd (1971) 2 QB 67; Jago v District Court (NSW) (1989) 168 CLR 23 DATES OF HEARING: 24/03/2003 DATE OF JUDGMENT: 03/25/2003

PROSECUTOR Mr D Buchanan SC SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Mr J Laucis (Barrister) SOLICITORS N/A

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 50019 of 1999 and 50020 of 1999

Pearlman J

25 March 2003 ENVIRONMENT PROTECTION AUTHORITY Prosecutor v MICHAEL JEFFREY WAIGHT Defendant Judgment

Introduction 1 The defendant, Mr Michael Waight, has made an application for the permanent stay of contempt proceedings brought against him by the prosecutor, the Environment Protection Authority. 2 On 22 June 2001, this Court found the defendant guilty of two offences under the Environmental Offences and Penalties Act 1989 ("the EOP Act"). He was fined, and was ordered to carry out remediation works pursuant to s 14 of the EOP Act. 3 The prosecutor now alleges that the defendant has failed to comply with the order to carry out remediation works, and it seeks a finding to that effect, and an order punishing the defendant.