Farrell v Alkair Limited [1989] NSWLEC 209

Land and Environment Court of New South Wales

CITATION : Farrell v Alkair Limited [1989] NSWLEC 209 APPLICANT Farrell PARTIES : RESPONDENT Alkair Limited FILE NUMBER(S) : 50033; 50034; 50035; 50071 of 1989 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Waste Disposal Act, 1970 CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 06/23/1989

LEGAL REPRESENTATIVES: RESPONDENT Mr. Preston

JUDGMENT:

HIS HONOUR: The defendant Alkair Limited pleads guilty to four charges brought under s.22(1) of the Waste Disposal Act, 1970 in that it did on various dates and at various places occupy a depot which was not the subject of a Certificate of Registration under that Act.

More specifically:-

Summons No. 50035/89 alleges an offence on 13 October 1988 at premises situate at 94 Epsom Road, Zetland.

Summons No. 50034/89 alleges an offence on 14 October 1988 at premises situate at Lot 51 Hill Road, Lidcombe.

Summons No. 50033/89 alleges an offence on 22 October 1988 at premises situate at Broughton Street, Canterbury, and

Summons No. 50071/89 alleges an offence on 14 December 1988 at the same Canterbury premises.

Section 22(8) of the Act provides for a maximum penalty of $5,000.

The Zetland premises

These premises were inspected by inspectors of the Metropolitan Waste Disposal Authority on 13 October 1988. The premises were being used to store some 60 waste bins. 30 x 43 bins were observed to contain waste and 30 x 43 bins were empty. The site was generally in a messy state with rubbish strewn around the area. Photographs tendered in evidence graphically depict this state of affairs. A further inspection was carried out the next day when some 30 odd bins were seen, some empty and some containing rubbish. The premises were marginally less untidy. On 18 October 1988 Inspector Austin returned to the premises and reported that they were considerably cleaned up. While there were still 2 bins on the premises, they were empty. On 25 October 1988 Mr. Stephenson, the Manager of Alkair Ltd., trading as Mini Skips Australia, stated that there were still bins being used by Beaurepaires to clean up the site before they moved out. Mr. Stephenson told the Authority that the site had been used to transport wastes for st orage.