Environment Protection Authority v Mistring Pty Ltd [2013] NSWLEC 9

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Mistring Pty Ltd [2013] NSWLEC 9 Hearing dates: 05/02/2013 Decision date: 08 February 2013 Jurisdiction: Class 4 Before: Biscoe J Decision: Decision on Separate Question: The Court has jurisdiction to hear and determine these proceedings to recover a debt created pursuant to s 105(1) of the Protection of the Environment Operations Act 1997 in respect of amounts unpaid and specified in a compliance costs notice dated 12 July 2011 given by the prosecutor to the respondent under s 104(2) Catchwords: JURISDICTION - whether Land and Environment Court has jurisdiction to hear and determine proceedings to recover a debt created by s 105(1) of the Protection of the Environment Operations Act 1997 in respect of amounts unpaid and specified in a compliance costs notice under s 104(2) - meaning of "court of competent jurisdiction" in s 105(1) - consideration of the Court's debt recovery jurisdiction. Legislation Cited: Contaminated Land Management Act 1997 ss 33A-42 Heritage Act 1977 s 120K Land Acquisition (Just Terms Compensation) Act 1991 s 48(6) Land and Environment Court Act 1979 ss 16(1A), 20, 71(1) Local Government Act 1993 s 678 National Parks and Wildlife Act 1974 s 915 Native Vegetation Act 2003 s 38 Pesticides Act 1999 ss 28-31 Plantations and Reafforestation Act 1999 s 59 Protection of the Environment Operations Act 1997 ss 88, 104, 105, 110 Rural Fires Act 1997 s 70 Trade Practices Act 1974 (Cth) s 73 Trees (Disputes Between Neighbours) Act 2006 s 17 Cases Cited: Brock v Roads and Traffic Authority of New South Wales (No 2) [2012] NSWLEC 114 Burwood Council v Wanless [2011] NSWLEC 248 Council of the City of Sydney v Fuh [2008] NSWLEC 307 Council of the City of Sydney v Le (No 2) [2010] NSWLEC 218 Environment Protection Authority v Leaway Pty Limited [2006] NSWLEC 44 Forsyth v Deputy Commissioner of Taxation [2007] HCA 8; 231 CLR 531