Environment Protection Authority v Wyanga Holdings Pty Ltd; Environment Protection Authority v Cauchi [2014] NSWLEC 68

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Wyanga Holdings Pty Ltd; Environment Protection Authority v Cauchi [2014] NSWLEC 68 Hearing dates: 27, 28 May 2014 Decision date: 28 May 2014 Jurisdiction: Class 5 Before: Craig J Decision: (1) In proceedings 51002 of 2013 I find the defendant, Wyanga Holdings Pty Ltd, guilty of the offence as charged; (2) In proceedings 50991 of 2013 I find the defendant, Joseph Cauchi, guilty of the offence as charged; and (3) In proceedings 50996 of 2013 I find the defendant, Louise Cauchi, guilty of the offence as charged. Catchwords: PROSECUTION - offences against s 66(2) of the Protection of the Environment Operations Act 1997 (NSW) by a company and its directors - breach of licence condition - material extracted from quarry in excess of maximum scale allowed by condition - failure to disclose non-compliance with condition limiting maximum extraction - other conditions with which there had been non-compliance disclosed in Annual Return - information false or misleading in a material respect - charges attract "special executive liability" on the part of directors - s 169(1) of the Protection of the Environment Operations Act Legislation Cited: Protection of the Environment Operations Act 1997 (NSW) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; 239 CLR 27 Taylor v The Owners - Strata Plan No 11564 [2014] HCA 9 Category: Principal judgment Parties: 13/51002 Environment Protection Authority (Prosecutor) Wyanga Holdings Pty Ltd (Defendant)