Farrell v Dayban Pty Limited [1989] NSWLEC 204

Land and Environment Court of New South Wales

CITATION : Farrell v Dayban Pty Limited [1989] NSWLEC 204 APPPLICANT Farrell PARTIES : RESPONDENT Dayban Pty Ltd FILE NUMBER(S) : 50044 - 50062 of 1989 CORAM: Cripps J KEY ISSUES: :- Waste Disposal Act 1970 Land and Environment Act Noise Control Act 1970 Clean Air Act LEGISLATION CITED: Clean Waters Act Coastal Protection Act Environmental Planning and Assessment Act Environmentally Hazardous Chemicals Act Biological Control Act Jackson v Sterling Industries Limited 1987 162 CLR 612; Sydney City Council v Lewy 58 LGRA 221 ; Gouriet v Union of Post Office Workers [1978] AC 435 ; CASES CITED: Peek v New South Wales Egg Corporation (1986) 6 NSWLR 1.; West Mersey Constabulary v Bagenar 1982 1WLR 127, Chief Constable of Kent v V & Anor 1983 1 QB; Chief Constable of Hampshire v A Limited 1985 1 QB; Smyth v Caralis & Ors 18 December 1987 DATES OF HEARING: DATE OF JUDGMENT: 06/07/1989

APPLICANT Mr Farrell LEGAL REPRESENTATIVES: RESPONDENT Mr Simpkins

JUDGMENT:

His Honour: Dayban Pty Limited (Dayban) is charged with nineteen separate offences under the Waste Disposal Act 1970. The Class 5 proceedings are within the jurisdiction of the Land and Environment Court, being proceedings under s 55 of the Waste Disposal Act 1970 (see s 21 of the Land and Environment Court Act which gives the Court jurisdiction to hear and dispose of in a summary manner proceedings, inter alia, under s 55 of the Waste Disposal Act 1970). Furthermore, the Waste Disposal Act 1970 is relevantly a "planning or environmental law" as defined in s 20 of the Land and Environment Court Act and, accordingly, the Land and Environment Court has the same civil jurisdiction as the Supreme Court would have (but for the Land and Environment Court Act) to hear and dispose of proceedings under the Waste Disposal Act. It is provided by s 20(4) that the provisions of the Supreme Court Act and the Rules made thereunder relating to enforcement of judgments and orders apply to the Land and Environment Court. Secti on 23 of the Land and Environment Court Act provides: