Environment Protection Authority v. Maraline Pty Ltd [1998] NSWLEC 143

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v. Maraline Pty Ltd [1998] NSWLEC 143 PROSECUTOR Environmental Planning Authority

DEFENDANT Maraline Pty Ltd PARTIES : PROSECUTOR Environmental Planning Authority

DEFENDANT Peter Suciu FILE NUMBER(S) : 50087; 50088 of 1997 CORAM: Pearlman J KEY ISSUES: :- LEGISLATION CITED: Environmental Offences and Penalties Act 1989 ss 8DA, 10(1) Waste Minimisation and Management Act 1995 ss 68(1), 85 CASES CITED: DATES OF HEARING: 15/04/98, 16/04/98, 07/05/98, 24/06/98, 25/06/98, 26/06/98 DATE OF JUDGMENT: 08/21/1998

PROSECUTOR Mr B F Rowe, Barrister Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Mr J R Perrignon, Barrister Margiotta

JUDGMENT: 1. These prosecutions concern an allegation that the defendant, Maraline Pty Ltd, provided false or misleading information in a material respect in response to a notice issued under s 68 of the Waste Minimisation and Management Act 1995 ("the Waste Act"). The defendant, Mr Petre Suciu, is a director of Maraline Pty Ltd.

2. Both defendants pleaded not guilty to the respective charges, and by leave both prosecutions were heard together.

The respective charges

3. The defendant Maraline Pty Ltd ("Maraline") is charged with committing an offence against the Environmental Offences and Penalties Act 1989 ("the EO&P Act") in that, in complying with a requirement under s 68 of the Waste Act, it provided information that was false or misleading in a material respect, contrary to s 85 of the Waste Act.