Environment Protection Authority v Terrace Earthmoving Pty Ltd & Page [2012] NSWLEC 216

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Terrace Earthmoving Pty Ltd & Page [2012] NSWLEC 216 Hearing dates: 2-6, 9-13 August 2010 Decision date: 21 September 2012 Jurisdiction: Class 5 Before: Craig J Decision: 1. Stand over all proceedings to Friday 19 October 2012. 2. Unless by that date an application is made by the prosecutor to state a question of law for determination by the Court of Criminal Appeal pursuant to s 5AE of the Criminal Appeal Act 1912, verdicts of not guilty in all four matters will be entered on that day. Catchwords: ENVIRONMENTAL OFFENCES - transport by corporation of waste to a place that could not lawfully be used as a waste facility for that waste - s 143(1) of the Protection of the Environment Operations Act 1997 - sole director of corporation charged with identical offences - s 169(1) of the Act - elements of the offence - transport of waste is anterior to deposition of waste - deposition of waste is not an element of the offence - continuous course of conduct but separate charges by reason of legislative amendment - relevant definition of "waste" during different charge periods - selected material from demolition sites together with selected soil and rock from excavation of sites used to construct an internal farm road - transported materials not "waste" within the meaning of the Act - considerations relevant to the determination of material as being "waste" - commission of offence not established beyond reasonable doubt Legislation Cited: Criminal Appeal Act 1912 Interpretation Act 1987 Protection of the Environment Operations Act 1997 Rural Fires Act 1997 Waste Avoidance and Resource Recovery Act 2001 Cases Cited: Chugg v Pacific Dunlop Ltd [1990] HCA 41; (1990) 170 CLR 249 Dowling v Bowie [1952] HCA 63; (1952) 86 CLR 136 Environment Protection Authority v Hardt [2006] NSWLEC 438; (2006) 148 LGERA 61 Environment Protection Authority v HTT Huntley Heritage Pty Ltd [2003] NSWLEC 76; (2003) 125 LGERA 332 He Kaw Teh v The Queen [1985] HCA 43; (1985) 157 CLR 523 House of Peace Pty Ltd v Bankstown City Council [2000] NSWCA 44; (2000) 48 NSWLR 498 Owen v Willtara Construction Pty Ltd (1998) 103 LGERA 137 Proudman v Dayman [1941] HCA 28; (1941) 67 CLR 536 Shepherd v The Queen [1990] HCA 56; (1990) 170 CLR 573 Woolmington v DPP [1935] UKHL 1; [1935] AC 462 Category: Principal judgment Parties: Environment Protection Authority (Prosecutor) Terrace Earthmoving Pty Ltd (Defendant)