Environment Protection Authority v Slade, A H [2004] NSWLEC 773

Environment Protection Authority v Slade, A H [2004] NSWLEC 773

Although the Defendant was guilty of a strict liability offence under s144(1), the offending involved less than 40 tonnes of building and demolition waste, caused no environmental harm, did not create an environmental risk on the findings made, was promptly cleaned up, and occurred in circumstances where the Defendant relied on incorrect information from others and did not know of the planning and licensing requirements. Given the early guilty plea, cooperation, contrition, personal and financial circumstances, the more serious Terrace Earthmoving prosecution, and the substantial cost of the environmental service order, conviction, the environmental service order, and costs were...

Jurisdiction
Australia
Judgment Date
16 August 2004
Procedural Posture
Environmental Offence Prosecution Under the Protection of the Environment Operations Act 1997, S 144(1) / Sentencing After Guilty Plea
Outcome
Defendant convicted; environmental service order and costs ordered; no additional fine imposed.
Legal Topics
['land Pollution' 'permitting Land to Be Used as a Waste Facility' 'waste Facility Licensing' 'development Consent' 'environmental Service Order' 'mitigating Factors']
['environmental Law' 'criminal Law' 'sentencing'] ['land Pollution' 'permitting Land to Be Used as a Waste Facility' 'waste Facility Licensing' 'development Consent' 'environmental Service Order' 'mitigating Factors']

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Procedural Posture

Environmental Offence Prosecution Under the Protection of the Environment Operations Act 1997, S 144(1) / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What penalty should be imposed after the Defendant pleaded guilty to permitting land that could not lawfully be used as a waste facility to be used as a waste facility.' 'Whether an environmental service order should be imposed under the Protection of the Environment Operations Act, s250(1)(c).' 'Whether a fine should be imposed in addition to conviction, costs, and the environmental service order.' "How the objective absence of environmental harm and the Defendant's subjective circumstances and mitigating factors affected sentence."]

Ratio Decidendi

Although the Defendant was guilty of a strict liability offence under s144(1), the offending involved less than 40 tonnes of building and demolition waste, caused no environmental harm, did not create an environmental risk on the findings made, was promptly cleaned up, and occurred in circumstances where the Defendant relied on incorrect information from others and did not know of the planning and licensing requirements. Given the early guilty plea, cooperation, contrition, personal and financial circumstances, the more serious Terrace Earthmoving prosecution, and the substantial cost of the environmental service order, conviction, the environmental service order, and costs were...

Court Disposition

Defendant convicted; environmental service order and costs ordered; no additional fine imposed.

Orders

  • ['The Defendant is convicted of the offence as charged.' 'Pursuant to the Protection of the Environment Operations Act, s250(1)(c), the Court made the order in accordance with Exhibit 2.' "The Defendant is ordered to pay the prosecutor's legal costs in the agreed sum of $10,000." 'The exhibits may remain with the...