NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Environment Protection Authority v Bowport All Roads Transport Pty Limited (No.2) [2009] NSWLEC 180 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT Environment Protection Authority PARTIES : RESPONDENT Bowport All Roads Transport Pty Limited
FILE NUMBER(S) : 50084; 50085; 50086; 50087; 50088 of 2007
CORAM: Sheahan J
KEY ISSUES: PROSECUTION :- conviction and sentence for offences found proven; totality principle; orders under Part 8.3 in addition to penalty; costs of prosecutor
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Criminal Procedure Act 1986 Protection of the Environment Operations Act 1997 Protection of the Environment Operations (Clean Air) Regulation 2002
Director General, Department of Environment and Climate Change v Hudson (2009) 165 LGERA 256; [2009] NSWLEC 4 Environment Protection Authority v Bruce Panucci Transport Pty Ltd (2003) 131 LGERA 119 CASES CITED: Environment Protection Authority v Waste Recycling and Processing Corp (2006) 148 LGERA 299 Environment Protection Authority v Bowport All Roads Transport Pty Limited [2009] NSWLEC 103 Environment Protection Authority v Causmag Ore Co Pty Ltd [2009] NSWLEC 164 Minister for PLanning v Fancott Pty Ltd [2009] NSWLEC 170
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