NSW Caselaw
Appeal Outcome: Application dismissed by the High Court [2008] HCASL 513 - 29 August 2008
New South Wales Court of Criminal Appeal
CITATION: Hardt v Environment Protection Authority [2007] NSWCCA 338
HEARING DATE(S): 29 November 2007
JUDGMENT DATE: 12 December 2007
JUDGMENT OF: Giles JA at 1; Grove J at 57; Harrison J at 59
DECISION: Appeal dismissed. Determination of the Land and Environment Court confirmed.
CATCHWORDS: Environmental offence - permitting land to be used as a waste facility - "permitting" requires awareness of the actions of using the land as a waste facility and failure to exercise a right or power to prevent it - does not require purpose that land be used as a waste facility.
LEGISLATION CITED: Protection of the Environment Operations Act 1997, Pt 8.2
Adelaide Corporation v Australasian Performing Rights Association Ltd (1928) 40 CLR 481; Broad v Parish (1941) 64 CLR 588; CASES CITED: Environment Protection Authority v Multiplex Constructions Pty Ltd [2000] NSWLEC 6; (2000) 112 LGERA 1; Miller v Williams (1990) 53 SASR 82; Owen v Willtara Constructions Pty Ltd (1998) 103 LGERA 137; R v Jasper [2003] NSWCCA 186; (2003) 139 A Crim R 329.
PARTIES: Bernard Hardt - Appellant Department of Environment & Climate Change (formerly Environment Protection Authority)
FILE NUMBER(S): CCA 2007/3255
COUNSEL: D C Fitzgibbon - Appellant D A Buchanan SC - Crown
SOLICITORS: Daphne Kennedy, Cooranbong, NSW - Appellant Stephen Garrett, EPA - Respondent
LOWER COURT JURISDICTION: Land and Environment Court
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