Environment Protection Authority v Byron Shire Council [2003] NSWLEC 207

Environment Protection Authority v Byron Shire Council [2003] NSWLEC 207

A total penalty of $30,000 is appropriate for both offences, representing the estimated cost of the remedial action initially proposed but now deemed impracticable; the prospect of a publication order by agreement between the parties is accepted as an alternative remedial measure.

Jurisdiction
Australia
Judgment Date
20 August 2003
Procedural Posture
Prosecution / Penalty Hearing Following Conviction
Outcome
penalties and publication order by agreement
Legal Topics
['penalties' 'orders Under Protection of the Environment Operations Act 1997' 'remedial Orders' 'publication Orders']
['environmental Law'] ['penalties' 'orders Under Protection of the Environment Operations Act 1997' 'remedial Orders' 'publication Orders']

Case Brief

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Procedural Posture

Prosecution / Penalty Hearing Following Conviction

Legal Issues

  1. 1 ['Appropriateness of penalty in lieu of compliance with order to carry out works under s 250 of the Protection of the Environment Operations Act 1997' 'Whether a publication order should be made under s 250']

Ratio Decidendi

A total penalty of $30,000 is appropriate for both offences, representing the estimated cost of the remedial action initially proposed but now deemed impracticable; the prospect of a publication order by agreement between the parties is accepted as an alternative remedial measure.

Court Disposition

penalties and publication order by agreement

Orders

  • ['Defendant to pay a penalty of $25,000 in matter No. 50145 of 2001.' 'Defendant to pay a penalty of $5,000 in matter No. 50146 of 2001.' 'Defendant to publish an agreed advertisement in nominated newspapers as per annexed draft orders under s 250.' 'Defendant to pay all costs of the prosecutor after 31 July 2002,...