Environment Protection Authority v Panther Resources Pty Ltd & Anor [2003] NSWLEC 192

Environment Protection Authority v Panther Resources Pty Ltd & Anor [2003] NSWLEC 192

On the evidence, the respondents conducted an unlicensed waste facility storing hazardous materials in a manner likely to cause environmental harm, contrary to statutory requirements, thereby justifying the declarations and orders sought by the applicant.

Jurisdiction
Australia
Judgment Date
16 August 2002
Procedural Posture
Civil Enforcement / Final Hearing (ex Parte)
Outcome
Declarations and compliance orders made against respondents; orders suspended for 28 days to allow for challenge.
Legal Topics
['operation of Waste Facility' 'hazardous Waste' 'storage of Dangerous Goods Without Licence' 'compliance With Statutory Requirements']
['environmental Law'] ['operation of Waste Facility' 'hazardous Waste' 'storage of Dangerous Goods Without Licence' 'compliance With Statutory Requirements']

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Procedural Posture

Civil Enforcement / Final Hearing (ex Parte)

Legal Issues

  1. 1 ['Whether the respondents operated a waste facility without a licence' 'Whether hazardous waste (lead acid batteries) was improperly stored' 'Whether statutory environmental requirements were breached']

Ratio Decidendi

On the evidence, the respondents conducted an unlicensed waste facility storing hazardous materials in a manner likely to cause environmental harm, contrary to statutory requirements, thereby justifying the declarations and orders sought by the applicant.

Court Disposition

Declarations and compliance orders made against respondents; orders suspended for 28 days to allow for challenge.

Orders

  • ['Declarations made per paragraphs 1, 2, and 5 of the class 4 amended application.' 'Orders made per paragraphs 6, 8 (with the date changed to 30 days), 9, 10 (inserting 45 days in lieu of 21 days), 11, 12 (substituting 45 days instead of 21), 13, 14 (substituting 60 days instead of 25 days), and 15 of the class 4...