The Hills Shire Council v Kinnarney Civil & Earthworks Pty Ltd & Kinnarney (No 2) [2012] NSWLEC 95

Land and Environment Court New South Wales

Medium Neutral Citation: The Hills Shire Council v Kinnarney Civil & Earthworks Pty Ltd & Kinnarney (No 2) [2012] NSWLEC 95 Hearing dates: 1 May 2012 Decision date: 04 May 2012 Jurisdiction: Class 5 Before: Biscoe J Decision: (1) The corporate defendant is fined $50,000 and ordered to pay the prosecutor's costs. (2) The individual defendant is fined $30,000 and ordered to pay the prosecutor's costs. Catchwords: SENTENCING:- for offence by a company of transporting waste to a place that could not be lawfully used as a waste facility for that waste contrary to s 143(1) of the Protection of the Environment Operations Act 1997 and offence by individual of being director of a company which contravened s 143(1) - corporate defendant a one man company of which the other defendant was the sole shareholder - avoiding double punishment. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 ss 3A, 21A(2) Criminal Procedure Act 1986 ss 257B, 257G Environment Protection and Biodiversity Conservation Act 1999 (Cth) Environmental Planning and Assessment Act 1979 s 125 Protection of the Environment Operations Act 1997 ss 115(1), 143(1), 169(1), 241(1) Trade Practices Act 1974 (Cth) Baulkham Hills Local Environmental Plan 2005 Protection of the Environment Operations (Waste) Regulation 2005 cl 42 Cases Cited: Australian Competition and Consumer Commission v ABB Transmission and Distribution Ltd (No 2) [2002] FCA 559, 190 ALR 169 Director General of National Parks and Wildlife v Wilkinson [2002] NSWLEC 171 Environment Protection Authority v Barnes [2006] NSWCCA 246 Environment Protection Authority v Hardt [2007] NSWLEC 284 Hawkesbury City Council v Johnson; Hawkesbury City Council v Johnson Property Group Pty Limited (No 2) [2009] NSWLEC 6 Minister For the Environment and Heritage v Greentree (No 3) [2004] FCA 1317, 136 LGERA 89 The Hills Shire Council v Kinnarney Civil & Earthworks Pty Ltd & Kinnarney [2012] NSWLEC 45 Tiger Nominees Pty Ltd v State Pollution Control Commission (1992) 25 NSWLR 715 Category: Sentence Parties: 50416 of 2011 The Hills Shire Council (Prosecutor) Kinnarney Civil & Earthworks Pty Ltd (Defendant)