Environment Protection Authority (Prosecutor); Foxman Environmental Development Services (Defendant); Botany Building Recyclers Pty Ltd (Defendant); Phillip Foxman (Defendant) [2015] NSWLEC 105

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority (Prosecutor); Foxman Environmental Development Services (Defendant); Botany Building Recyclers Pty Ltd (Defendant); Phillip Foxman (Defendant) [2015] NSWLEC 105 Hearing dates: 9 – 13, 16 – 20, and 23 – 27 February 2015; view 2 March 2015; 4, 26 and 31 March 2015 Decision date: 30 June 2015 Jurisdiction: Class 5 Before: Sheahan J Decision: See findings at [306] Catchwords: ENVIRONMENTAL OFFENCES – unlawful use of land as waste facility – unlawful transportation of waste to land – related corporate defendants and their sole director entered pleas of not guilty – building waste recycling operation – whether recycled building material is "waste" – whether the defendants were exempted from licensing requirements for the use of the material to construct "roads" by virtue of a statutory exemption under the waste regulations – the material contained asbestos and exceeded prescribed chemical limits in the exemptions – exemptions did not apply – defendants guilty. Legislation Cited: Criminal Procedure Act 1986 Environmental Planning and Assessment Act 1979 Evidence Act 1995 Protection of the Environment Operations Act 1997 Protection of the Environment Operations (Waste) Regulation 2005 Water Management Act 2000 Cases Cited: Director-General, Department of Environment and Climate Change v Jack and Bill Issa Pty Ltd (No 5) [2009] NSWLEC 232; 172 LGERA 225 Director-General, Department of Planning and Infrastructure v Glass Recovery Services Pty Limited [2015] NSWLEC 49 Director of Public Prosecutions v Sadler [2013] NSWSC 718 Environment Protection Authority v Hardt [2006] NSWLEC 438; 148 LGERA 61 Environment Protection Authority v HTT Huntley Heritage Pty Ltd [2003] NSWLEC 76; 125 LGERA 332 Environment Protection Authority v Terrace Earthmoving Pty Ltd [2013] NSWCCA 180; 84 NSWLR 679 Shannongrove Pty Ltd v Environment Protection Authority [2013] NSWCCA 179; 84 NSWLR 668 Walker Corporation Pty Ltd v Director – General, Department of Environment, Climate Change and Water [2012] NSWCCA 210; 82 NSWLR 12 Weller v El Homsi [2009] NSWSC 282; 74 NSWLR 443 Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd (No 5); Foxman Environmental Development Services Pty Ltd v Wollondilly Shire Council [2013] NSWLEC 68 Category: Principal judgment Parties: Environment Protection Authority (Prosecutor) Foxman Environmental Development Services (Defendant) Botany Building Recyclers Pty Ltd (Defendant) Phillip Foxman (Defendant) Representation: Counsel: Phillip English, barrister (Prosecutor) Phillip Foxman (all Defendants)