Environment Protection Authority v Slade, A H [2004] NSWLEC 773

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Slade, A H [2004] NSWLEC 773 PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: Slade, A H FILE NUMBER(S) : 50033 of 2004 CORAM: Bignold J KEY ISSUES: Environmental Offences :- Land Pollution - Permitting land to be used as a waste facility - Guilty plea - Mitigating factors. LEGISLATION CITED: Protection of the Environment Operations Act 1997, s 144(1) CASES CITED: DATES OF HEARING: 16/08/2004 EX TEMPORE 08/16/2004 JUDGMENT DATE :

PROSECUTOR: Mr D. Samuels (Solicitor)

SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT: Ms S. Duggan (Barrister)

SOLICITORS Whitelaw McDonald

JUDGMENT: - 1 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BIGNOLD J

16 August 2004

50033 of 2004 ENVIRONMENT PROTECTION AUTHORITY v ANDREW HOWARD SLADE

JUDGMENT HIS HONOUR: 1 The Defendant has pleaded guilty to a charge of an offence against the Protection of the Environment Operations Act, s144(1) in that he being the owner of land that could not lawfully be used as a waste facility permitted the land to be used as a waste facility between approximately 4 May 2001 and 25 May 2001. That land is situated at Tomago Road, also known as Cabbage Tree Road, Williamtown in the shire of Port Stephens. 2 The Summons filed in the proceeding gives the particulars of the land as I have identified it. The waste facility particular is the disposal and/or storage of waste. The particulars of the waste have been amended in the course of today's proceedings to reflect the Statement Of Agreed Facts so that the waste is limited to building and/or demolition waste.