Environment Protection Authority v Djura [2012] NSWLEC 122

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Djura [2012] NSWLEC 122 Decision date: 29 May 2012 Jurisdiction: Class 5 Before: Biscoe J Decision: (1) The defendant is convicted of the two offences as charged. (2) The defendant is fined the sum of $3,750 for each offence. (3) The defendant is to pay the prosecutor's costs as agreed or assessed. Catchwords: ENVIRONMENTAL OFFENCES:-sentencing - early plea of guilty to offences under ss 57(1) and 48(1)(a) Contaminated Land Management Act 1997 for representing that the defendant was an accredited site auditor and carrying out a statutory site audit when not accredited -whether fact that prosecutor did not elect to deal with the matter by way of a penalty notice pursuant to s 92A for which the penalty is $750 is a factor that affects the relative seriousness of the offence under s 21A(1)(c) Crimes (Sentencing Procedure) Act 1999 - whether relevant that there is another and less punitive offence which could have been charged. Legislation Cited: Contaminated Land Management Act 1997 ss 3, 48(1), 57(1), 92A, 97 Crimes Act 1914 Cth) Crimes (Sentencing Procedure) Act 1999 ss 3A, 21A, 22

Environmental Planning and Assessment Act 1979 ss 76A, 81A Fines Act 1996 ss 19(1), 37, Part 3, Schedule 1 Protection Environment Operations Act 1997 Chapter 7 Social Services Act 1947 (Cth) Contaminated Land Management Regulation 2008 cl 10, Schedule 1 Cases Cited: Cameron v Eurobodalla Shire Council [2006] NSWLEC 47, 146 LGERA 349 Ebacarb Pty Ltd v Environment Protection Authority [2003] NSWLEC 411 Environment Protection Authority v Hargraves (No 2) [2003] NSWLEC 15, 124 LGERA 57 Environment Protection Authority v Patrick Distribution Pty Ltd [2006] NSWLEC 123, 144 LGERA 210 Environment Protection Authority v Peters [2006] NSWLEC 612, 153 LGERA 238 Eurobodalla Shire Council v Wheelhouse [2006] NSWLEC 98 Fairfield City Council v Cavasinni Constructions Pty Ltd [2005] NSWLEC 187 R v El-Helou [2010] NSWCCA 111, 267 ALR 734 R v Holder [1983] 3 NSWLR 245 R v Liang (1995) 82 A Crim R 39 R v McEachran [2006] VSCA 290, 15 VR 615 Rasimi v The Queen [2011] VSCA 365 Scott v Cameron (1980) 26 SASR 321 Sutherland Shire Council v Upper Class Developments Pty Ltd [2003] NSWLEC 414 Category: Sentence Parties: Environment Protection Authority (Prosecutor) Peter Djura (Defendant) Representation: COUNSEL: Mr A Macdonald, solicitor (Prosecutor) Mr P Fairfield, solicitor (Defendant) SOLICITORS: Office of Environment and Heritage (Prosecutor) UBK Lawyers (Defendant) File Number(s): 50068 of 2012 and 50069 of 2012