NSW Caselaw
Reported Decision : (2002) 120 LGERA 426
Land and Environment Court of New South Wales
CITATION : Environment Protection Authority v Nechakoski [2002] NSWLEC 61 PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Nechakoski FILE NUMBER(S) : 50080 of 2001 and 50081 of 2001 CORAM: Pearlman J KEY ISSUES: Environmental Offences :- unlawful transporting of waste - charge under Waste Minimisation and Management Act 1995 - charge under Protection of the Environment Operations Act 1997 - plea of guilty - appropriate penalty having regard to different maximum penalties available - environmental harm - wetland Crimes (Sentencing Procedure) Act 1999 s 10(3) Environmental Offences and Penalties Act 1989 s 8DA LEGISLATION CITED: Protection of the Environment Operations (Savings and Transitional) Regulation 1998 cl 17 Protection of the Environment Operations Act 1997 s 143(1) Waste Minimisation and Management Act 1995 s 63(1) Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683; CASES CITED: Queen v O'Neill [1979] 2 NSWLR 582; R v Holder (1983) 3 NSWLR 245; R v Jurisic (1998) 45 NSWLR 209 DATES OF HEARING: 04/04/2002 DATE OF JUDGMENT: 05/03/2002
PROSECUTOR Mr D Jordan (Barrister) SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Mr M H Baird (Barrister) SOLICITORS Palmieri
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