Environment Protection Authority v Allan Andrew Keogh [1999] NSWLEC 129

Environment Protection Authority v Allan Andrew Keogh [1999] NSWLEC 129

The defendant pleaded guilty to contempt and had no valid excuse for failing to comply with the 21 September 1998 orders. He had ample time to remove the tyres and baled plastic or raise compliance difficulties with the Court, and his failure was deliberate; accordingly, he was guilty of contempt, with sentence deferred to allow a final opportunity to comply.

Jurisdiction
Australia
Judgment Date
08 June 1999
Procedural Posture
Contempt Proceeding Arising From Prosecution Under S 14(1) of the Environmental Offences and Penalties Act 1989 / Penalty After Guilty Plea to Contempt
Outcome
Defendant found guilty of contempt; sentence deferred until Monday 9 August 1999 to allow a final opportunity to comply with the Orders.
Legal Topics
['waste Disposal' 'failure to Comply With Court Orders' 'removal of Tyres and Baled Plastic' 'sentencing for Contempt']
['environmental Law' 'contempt of Court'] ['waste Disposal' 'failure to Comply With Court Orders' 'removal of Tyres and Baled Plastic' 'sentencing for Contempt']

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Procedural Posture

Contempt Proceeding Arising From Prosecution Under S 14(1) of the Environmental Offences and Penalties Act 1989 / Penalty After Guilty Plea to Contempt

Legal Issues

  1. 1 ["Whether the defendant was in contempt of the Court's orders of 21 September 1998 by failing to remove all tyres and baled plastic from 34-60 Bradley Street, Orchard Hills (Lot 2 DP 541090)." 'What penalty should be imposed after the defendant pleaded guilty to contempt.']

Ratio Decidendi

The defendant pleaded guilty to contempt and had no valid excuse for failing to comply with the 21 September 1998 orders. He had ample time to remove the tyres and baled plastic or raise compliance difficulties with the Court, and his failure was deliberate; accordingly, he was guilty of contempt, with sentence deferred to allow a final opportunity to comply.

Court Disposition

Defendant found guilty of contempt; sentence deferred until Monday 9 August 1999 to allow a final opportunity to comply with the Orders.

Orders

  • ['The defendant is found guilty of the charge of contempt.' 'The defendant is afforded a final opportunity to comply with the Orders by removing all tyres and baled plastic from the site.' 'Sentence is deferred until Monday 9 August 1999.' 'If the Orders have been totally fulfilled by that date, that circumstance...