Environment Protection Authority v Hanna [2013] NSWLEC 41

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Hanna [2013] NSWLEC 41 Hearing dates: 19 February 2013 Decision date: 04 April 2013 Jurisdiction: Class 4 Before: Pain J Decision: 1. Mr Hanna is found guilty of the charge of contempt of this Court for failing to comply with the order made by Craig J in these proceedings on 21 March 2011. 2. Mr Hanna is punished by committal to prison for three months which sentence is suspended for three months on condition that he enter into a good behaviour bond under s 12(1) of the Crimes (Sentencing Procedure) Act 1999. 3. The conditions of the good behaviour bond are that Mr Hanna: (i) Is to be of good behaviour for a period of three months, and (ii) Is to appear before the Court if called upon to do so at any time during the term of the bond. 4. Mr Hanna is to pay the costs of the Environment Protection Authority for the Notice of Motion for contempt. Catchwords: CONTEMPT - sentencing - failure to comply with court order not to transport waste to a place that could not be lawfully used as a waste facility - waste containing asbestos dumped in residential area - contempt contumacious - multiple prior convictions for offence of transporting waste to place that could not be lawfully used as a waste facility - first charge of contempt of court- potential for environmental harm - consideration of custodial sentence - no purging of contempt - early plea of guilty Legislation Cited: Criminal Procedure Act 1986 s 257B Crimes (Sentencing Procedure Act) 1999 s 3A, s 5, s 6, s 7, s 8, s 12, s 21A, s 22 Crimes (Sentencing Procedure) Regulation 2010 cl 23 Land and Environment Rules 2007 (the Court Rules) r 6.3 Protection of the Environment Operations Act 1997 s 143 Supreme Court Rules 1970 r 7, r 13 Cases Cited: ASIC v Matthews [2009] NSWSC 285 (2009); 71 ACSR 279 Attorney-General for NSW v Whiley (1993) 31 NSWLR 314 Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd [1986] HCA 46; (1986) 161 CLR 98 Chief Executive Officer, Department of Environment and Conservation v Szulc (No 2) [2011] WASC 315; (2011) 185 LGERA 216 Cobiac v Liddy (1969) 119 CLR 257 Environment Protection Authority v Ableway Waste Management Pty Limited [2005] NSWLEC 469 Environment Protection Authority v Allan Andrew Keogh [1999] NSWLEC 128 Environment Protection Authority v Allan Andrew Keogh [1999] NSWLEC 231 Blacktown City Council v Reid [2003] NSWLEC 120 Environment Protection Authority v Pannowitz (No. 2) [2006] NSWLEC 797; (2006) 153 LGERA 126 Environment Protection Authority v Waste Recycling Processing Corporation [2006] NSWLEC 419; (2006) 148 LGERA 299 Pelechowski v The Registrar, Court of Appeal (NSW) [1999] HCA 19; (1999) 198 CLR 435 Pittwater Council v Brown Brothers Waste Contractors Pty Ltd (No 2) [2009] NSWLEC 210 R v J C E [2000] NSWCCA 498; (2000) 120 A Crim R 18 R v Zamagias [2002] NSWCCA 17 Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465 Wood v Staunton (No 5) (1996) 86 A Crim R 183 Texts Cited: Sentencing Bench Book, Judicial Commission of NSW Category: Principal judgment Parties: Environment Protection Authority (Prosecutor) Dib Hanna Abdallah Hanna (Defendant) Representation: Mr A Giles (Prosecutor) Mr R Pickering (Defendant) Office of Environment and Heritage (Prosecutor) CK Lawyers (Defendant) File Number(s): 40811 of 2010