NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: JJ and ABS Investments Pty Ltd v Environment Protection Authority [2011] NSWLEC 199 Hearing dates: 7 - 8 November 2011 Decision date: 08 November 2011 Jurisdiction: Class 6 Before: Craig J Decision: 1.Grant leave to appeal. 2.Appeal upheld. 3.Set aside the fine of $8,000 imposed by the Downing Centre Local Court on 2 May 2011. 4.The appellant is fined the sum of $2,000 for the offence charged. 5.Grant 3 months to pay the fine. 6.Each party is to pay its own costs of the appeal. 7.Exhibits may be returned. Catchwords: APPEAL - offence against cl 9 of the Protection of the Environment Operations (Clean Air) Regulation 2002 - emitting air impurities - appeal against sentence imposed in lower court - penalty reduced - low objective seriousness of the offence - financial hardship of appellant company - procedure on sentence appeal under Pt 4 of the Crimes (Appeal and Review) Act 2001 - time to pay granted Legislation Cited: Crimes (Appeal and Review) Act 2001
Crimes (Sentencing Procedure) Act 1999
Fines Act 1996
Protection of the Environment Operations Act 1997
Protection of the Environment Operations (Clean Air) Regulation 2002 Cases Cited: Bentley v BGP Properties Pty Limited [2006] NSWLEC 34; (2006) 145 LGERA 234
Camilleri's Stockfeeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683
Kirzner, Alex v Manly Council; Kirzner, Natalia v Manly Council [2009] NSWLEC 13
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