Environment Protection Authority v. Alan Andrew Keogh [1998] NSWLEC 112

Environment Protection Authority v. Alan Andrew Keogh [1998] NSWLEC 112

Persistent and deliberate failure by the defendant to comply with statutory and council notices to remove waste, causing a risk to the environment and public health, constituted an offence. Despite a guilty plea and cooperation at a late stage, the nature and extent of non-compliance warranted a significant penalty.

Parties
Prosecutor: Environment Protection Authority; Defendant: Alan Andrew Keogh
Jurisdiction
Australia
Judgment Date
21 September 1998
Procedural Posture
Criminal / Judgment After Guilty Plea
Outcome
conviction and fine; ancillary orders; withdrawal of second charge
Legal Topics
Waste Management, Failure to Comply With Environmental Notice, Illegal Dumping
Environmental Law Waste Management Failure to Comply With Environmental Notice Illegal Dumping

Case Brief

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Parties

Environment Protection Authority

Prosecutor

Alan Andrew Keogh

Defendant

Procedural Posture

Criminal / Judgment After Guilty Plea

Legal Issues

  1. 1 Whether the defendant failed to comply with a direction given by notice under s 65(1) of the Waste Minimisation and Management Act 1995, contrary to s 65(3) of that Act
  2. 2 Whether the defendant unlawfully disposed of waste (tyres) on land contrary to s 63 of the Waste Minimisation and Management Act 1995

Ratio Decidendi

Persistent and deliberate failure by the defendant to comply with statutory and council notices to remove waste, causing a risk to the environment and public health, constituted an offence. Despite a guilty plea and cooperation at a late stage, the nature and extent of non-compliance warranted a significant penalty.

Court Disposition

conviction and fine; ancillary orders; withdrawal of second charge

Orders

  • The defendant is convicted on charge 50088 of 1998 and fined $12,000, to be paid by 21 March 1999.
  • The defendant must remove all tyres and baled plastic from 34-60 Bradley Street, Orchard Hills (Lot 2 DP 541090) by 31 March 1999.