NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Eurobodalla Shire Council v Leth [2007] NSWLEC 599
PROSECUTOR: Eurobodalla Shire Council PARTIES : DEFENDANT: Mike Leth
FILE NUMBER(S) : 50037 of 2006
CORAM: Lloyd J
KEY ISSUES: Environmental Offences :- owner of land which could not lawfully be used as a waste facility permitted that land to be used as a waste facility - no ongoing environmental harm - no money was received for deposit of waste material on land - guilty plea - penalty
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Fines Act 1996 s 6 Protection of the Environment Operations Act 1997 s 144(1), s 241
Axer Pty Limited v Environment Protection Authority (1993) 113 LGERA 357; Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683; CASES CITED: Environment Protection Authority v Robinson [2004] NSWLEC 629; Eurobodalla Shire Council v Tip It Today Broulee Pty Ltd [2007] NSWLEC 274; Walden v Hensler (1987) 163 CLR 561 at 570.
DATES OF HEARING: 21/05/2007
EX TEMPORE JUDGMENT DATE : 21 May 2007
PROSECUTOR: D G Briggs (solicitor) SOLICITORS: LEGAL REPRESENTATIVES: D G Briggs & Associates DEFENDANT: R C Beasley (barrister) SOLICITORS: Colin Daley Quinn
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