Shannongrove Pty Ltd v Environment Protection Authority [2013] NSWCCA 179

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Shannongrove Pty Ltd v Environment Protection Authority [2013] NSWCCA 179 Hearing dates: 16 May 2013 Decision date: 05 August 2013 Before: Basten ACJ at [1]; Hall J at [42]; Barr AJ at [43] Decision: (1) Dismiss the appeal in respect of the first charge. (2) Dismiss the appeal in respect of the conviction on the second charge. Catchwords: CRIMINAL LAW - appeal against conviction in Land and Environment Court - whether appellant transported waste to place not lawfully used as waste facility - appellant transported liquid by-product from recycling facility to farm - liquid injected into soil as fertiliser - whether liquid was "waste" - waste defined to include "unwanted or surplus" substance - whether liquid ceased to be waste once loaded for transport to willing recipient - Act created certain exceptions -proposed construction would render exceptions futile - Protection of the Environment Operations Act 1997 (NSW), s 143

STATUTORY INTERPRETATION - construction of "waste" - offence relating to transportation of waste - consideration of text - definition of waste amended between two charge periods - special definition of waste applicable to first charge period - comparison of special and general definitions - consideration of scope of offence - preferring construction would not render statutory exceptions futile - reference to objects of Act - whether general objects assist in construing particular words - proper approach to use of extrinsic materials - Interpretation Act 1987 (NSW), s 34

WORDS AND PHRASES - "waste" - Protection of the Environment Operations Act 1997 (NSW), s 143 Legislation Cited: Criminal Appeal Act 1912 (NSW), ss 5AA, 5AB, 5AE Protection of the Environment Operations Act 1997 (NSW), ss 3, 5, 48, 115, 143; Sch 1, Pt 3 Interpretation Act 1987(NSW), ss 33, 34 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; 239 CLR 27 CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2; 187 CLR 384 at 408 Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55; 87 ALJR 98 Environmental Protection Authority v Terrace Earthmoving Pty Ltd [2013] NSWCCA 180 Harrison v Melhem [2008] NSWCA 67; 72 NSWLR 380 Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal [2012] HCA 36; 246 CLR 379 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 35 Texts Cited: Pearce and Geddes, Statutory Interpretation in Australia, (7th ed, 2011), Ch 4