Environment Protection Authority v Shannongrove Pty Ltd [2010] NSWLEC 162

Reported Decision : 176 LGERA 31

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Shannongrove Pty Ltd [2010] NSWLEC 162 This decision has been amended. Please see the end of the judgment for a list of the amendments.

PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Shannongrove Pty Ltd

FILE NUMBER(S) : 50033; 50034 of 2009

CORAM: Craig J

ENVIRONMENTAL OFFENCES :- transportation of waste to a place that could not lawfully be used as a waste facility for that waste – liquid residue from municipal solid waste treatment facility – soil injection of transported liquid at farming property – liquid claimed to increase soil fertility – characterisation as 'waste' at source and not at disposition site – unwanted and surplus product of treatment facility – "waste" within the meaning of the Protection of Environment Operations Act 1997

ENVIRONMENTAL OFFENCES:- transportation of waste to a place that could not lawfully be used as a waste facility for that waste – soil injection at farm – frequency of process and volume of liquid injected – use of farm as a "waste facility" – liquid injected not a category of organic liquid waste identified in cl (3)(d1) of the "waste facilities" item in Sch 1 to the Protection of Environment Operations Act 1997 – farm required to be licensed as a "waste facility" – no licence held KEY ISSUES: STATUTORY INTERPRETATION:- requirement for a licence as a "waste facility" to dispose of liquid waste – claimed inconsistency with Waste Guidelines published by prosecutor – Guidelines given no general statutory force – no ambiguity or inconsistency within legislation creating the offence – no doubt to be resolved in favour of defendant when determining whether offence committed