NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Environment Protection Authority v Hardt [2007] NSWLEC 284
Environment Protection Authority PROSECUTOR PARTIES : Bernard Hardt DEFENDANT
FILE NUMBER(S) : 50066 of 2004
CORAM: Preston CJ
KEY ISSUES: Environmental Offences :- sentencing - use of land as waste facility without lawful authority - substantial environmental harm - harm forseeable - practical measures could have been taken to prevent harm - control over causes - no prior convictions - late contrition and remorse - assistance to authorities - payment of prosecutor's costs - order for restoration of environment harmed - fine
Crimes (Sentencing Procedure) Act 1999 s 3A(a)-(b), (e)-(g), s 21A(2)(g), s 21A(3)(e), (i), (m), s 23(1) Fines Act 1996 s 6 LEGISLATION CITED: Protection of the Environment Operations Act 1997 s 144(1), s 191, s 241(1)(a)-(e), s 245 Protection of the Environment Operations Amendment Act 2005 Sch 1 [70] Protection of the Environment Operations (Waste) Regulation 2005 cl 42
Environment Protection Authority v Barnes [2006] NSWCCA 246; CASES CITED: Environment Protection Authority v Hardt (2006) 148 LGERA 61; R v Rahme (1989) 43 A Crim R 81
DATES OF HEARING: 30 April 2007 1 May 2007
EX TEMPORE JUDGMENT DATE : 1 May 2007
PROSECUTOR DA Buchanan SC SOLICITORS Environment Protection Authroity LEGAL REPRESENTATIVES: DEFENDANT Mr I Hemmings (barrister) SOLICITORS Hones Lawyers
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