Environment Protection Authority v Fair [2024] NSWLEC 124

Environment Protection Authority v Fair [2024] NSWLEC 124

Mr Fair breached s 48(2) of the POEO Act between 2 June 2023 and 1 July 2023 by being the occupier of Shed B024 at 139 Wytarra Drive, North Albury, where more than 500 waste tyres were stored without a required licence. The evidence did not establish breaches at other facilities or under s 142A. The Court could declare this past breach but could not make compensatory or further injunctive orders, and costs followed the overall lack of substantive success by the EPA.

Parties
Applicant: Environment Protection Authority; First Respondent: Mark Garry Fair; Second Respondent: State of New South Wales
Jurisdiction
Australia
Judgment Date
22 November 2024
Procedural Posture
Civil Enforcement Proceedings (class 4) / Final Judgment
Outcome
Declaration of past breach and dismissal of remaining relief; applicant to pay first respondent's costs.
Legal Topics
Waste Storage, Licensing Requirements, Pollution of Land, Civil Enforcement, Remedies and Declarations
Environmental Law Waste Storage Licensing Requirements Pollution of Land Civil Enforcement Remedies and Declarations

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Parties

Environment Protection Authority

Applicant

Mark Garry Fair

First Respondent

State of New South Wales

Second Respondent

Procedural Posture

Civil Enforcement Proceedings (class 4) / Final Judgment

Legal Issues

  1. 1 Whether Mr Fair breached s 48(2) of the Protection of the Environment Operations Act 1997 (NSW) by storing more than 500 waste tyres without a licence
  2. 2 Whether storage of waste tyres in enclosed storage units constitutes pollution of land under s 142A of the POEO Act
  3. 3 Whether the Court has power to order compensation for costs incurred in tyre removal as a remedy for a civil breach of the POEO Act

Ratio Decidendi

Mr Fair breached s 48(2) of the POEO Act between 2 June 2023 and 1 July 2023 by being the occupier of Shed B024 at 139 Wytarra Drive, North Albury, where more than 500 waste tyres were stored without a required licence. The evidence did not establish breaches at other facilities or under s 142A. The Court could declare this past breach but could not make compensatory or further injunctive orders, and costs followed the overall lack of substantive success by the EPA.

Court Disposition

Declaration of past breach and dismissal of remaining relief; applicant to pay first respondent's costs.

Orders

  • Declare that Mr Mark Fair breached s 48(2) of the Protection of the Environment Operations Act 1997 (NSW) by being the occupier between 2 June 2023 and 1 July 2023 of a storage unit at 139 Wytarra Drive, North Albury, in which more than 500 waste tyres were stored, without being the holder of a licence under the Act...
  • Discharge, from the date of these orders, all orders made by consent on 20 December 2023.