Environment Protection Authority v Hanna [2010] NSWLEC 254

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Hanna [2010] NSWLEC 254 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Environment Protection Authority PARTIES : RESPONDENT Dib Hanna Abdallah Hanna

FILE NUMBER(S) : 40811 of 2010

CORAM: Craig J

KEY ISSUES: INJUNCTIONS AND DECLARATIONS :- interlocutory injunction - usual undertaking as to damages - form of order

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Protection of the Environment Administration Act 1991, s 5 Protection of the Environment Operations Act 1997, s 143

CASES CITED: Environment Protection Authority v Hanna [2010] NSWLEC 98

DATES OF HEARING: 6 December 2010

EX TEMPORE JUDGMENT DATE : 6 December 2010

APPLICANT P Barley (Solicitor) SOLICITORS LEGAL REPRESENTATIVES: Department of Environment, Climate Change and Water

RESPONDENT No appearance

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

CRAIG J

6 December 2010

40811 of 2010 ENVIRONMENT PROTECTION AUTHORITY v HANNA

EX TEMPORE JUDGMENT

1 HIS HONOUR: The Environment Protection Authority (the Authority) has commenced proceedings in Class 4 of this Court's jurisdiction seeking declaratory and injunctive relief against Dib Hannah Abdallah Hanna. The relief that it seeks is founded upon alleged breaches by Mr Hanna of s 143 of the Protection of the Environment Operations Act 1997 (the Act). In short it is alleged that Mr Hanna has breached the Act by transporting and dumping waste at places which are neither approved nor licensed for the receipt of the dumped waste. 2 The Authority's proceedings have been fixed for final hearing in March 2011. An appearance has been entered on behalf of Mr Hanna by Mr Safi, solicitor, who apparently informed the Registrar at an earlier call over that the hearing would be defended. The hearing has been fixed on that basis. However, no evidence has yet been filed on behalf of the defendant. 3 The Authority now moves by Notice of Motion for interlocutory relief. It is said that the conduct of Mr Hanna is demonstrated to be such that, pending the final hearing of the proceedings, it is likely that further dumping of waste will occur in breach of the Act and, importantly, contrary to the public interest. 4 The order sought in the Notice of Motion for interlocutory relief is framed as follows: "An order that until judgment or further order, the Respondent be restrained from transporting waste to a place that cannot lawfully be used as a waste facility for that waste"