NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Environment Protection Authority v Ashmore [2014] NSWLEC 136 Hearing dates: 28 August 2014 Decision date: 05 September 2014 Jurisdiction: Class 5 Before: Craig J Decision: Orders as set out at [120] Catchwords: ENVIRONMENTAL OFFENCES - sentence - pleas of guilty to two offences - s 143 of the Protection of the Environment Operations Act 1997 (NSW) - transported waste to a place that could not lawfully be used as a waste facility for that waste - s 144AA of the Protection of the Environment Operations Act - false weighbridge dockets supplied in the course of dealing with the waste - waste contained asbestos fibres - strict liability offences - objective considerations - potential for harm - level or extent of potential harm unable to be quantified - moderate objective seriousness - subjective considerations - mitigating factors considered - offences committed under duress - failure by defendant to alert Prosecutor of his actions - failure by defendant to report threat to Police - expression of contrition and remorse - need for general deterrence - totality principle applied - fines imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Procedure Act 1986 (NSW)
Fines Act 1996 (NSW)
Protection of the Environment Operations Act 1997 (NSW)
Protection of the Environment Operations (Waste) Regulation 2005 (NSW)
Water Management Act 2000 (NSW) Cases Cited: Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683
Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; 145 LGERA 234
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