Environment Protection Authority v. Anning [1998] NSWLEC 129

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v. Anning [1998] NSWLEC 129 PROSECUTOR Environmental Protection Authority PARTIES : DEFENDANT Anning FILE NUMBER(S) : 50077 - 50086 of 1995 CORAM: Lloyd J KEY ISSUES: :- Environmental Offences and Penalties Act 1989, LEGISLATION CITED: Division 1 Pt 2 & Division 2 Pt 2, ss 5(1), 8E, 8F(1), 14(1) Waste Minimisation and Management Act 1995, Clean Waters Act 1970, s 16(2)(a) Environment Protection Authority v N (1992) 26 NSWLR 352 at 355; 76 LGRA 114 at 117, per Hunt CJ at CL; CASES CITED: Boughey v The Queen (1986) 161 CLR 10; Matthews v Goulburn Wool Processors Pty Ltd (Supreme Court of NSW, 6 November 1986, unreported); R v Metropolitan Stipendiary Magistrate, Ex parte London Waste Regulation Authority [1993] 3 All ER 113 DATES OF HEARING: 15 - 18/06/98 DATE OF JUDGMENT: 06/29/1998

PROSECUTOR B F Rowe & L M Byrne Stephen Garrett, Environment Protection Authority, Chatswood LEGAL REPRESENTATIVES: DEFENDANT J R McKenzie & (on 18 June) I J Hemmings Priority Legal Services, Toukley

JUDGMENT: 1. The defendant is charged with ten offences under the Environmental Offences and Penalties Act 1989 (Athe Act@). Five of the offences are Tier 1 offences under Division 1 of Pt 2 of the Act and five are Tier 2 offences under Division 2 of Pt 2 of the Act. The offences are alleged to have occurred on five dates in October and November 1995. The dates upon which each offence is alleged to have occurred and the charges relating thereto are as follows: