Environment Protection Authority v Terrace Earthmoving Pty Ltd [2013] NSWCCA 180

Environment Protection Authority v Terrace Earthmoving Pty Ltd [2013] NSWCCA 180

The definition of 'waste' for the purpose of the offence under s 143(1) requires assessment of whether the substance was unwanted or surplus in the hands of the owner immediately before transportation, regardless of its capacity for re-use or recycling. The offence under s 143(1) is complete upon transport to a place not lawfully used as a waste facility, and deposit is not required. The Dictionary definition did not apply during the first charge period, as 'waste' was specially defined in s 143(4).

Jurisdiction
Australia
Judgment Date
05 August 2013
Procedural Posture
Criminal Appeal / Case Stated From Land and Environment Court, Questions of Law Determined
Outcome
The questions of law were answered; proceedings returned to the Land and Environment Court for final orders; no order as to costs.
Legal Topics
['transportation of Waste' 'definition of Waste' 'statutory Interpretation' 'burden of Proof']
['criminal Law' 'environmental Law'] ['transportation of Waste' 'definition of Waste' 'statutory Interpretation' 'burden of Proof']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Case Stated From Land and Environment Court, Questions of Law Determined

Legal Issues

  1. 1 ["Whether the material transported was 'waste' within the meaning of the Protection of the Environment Operations Act 1997 (NSW), s 143" "Whether the definition of 'waste' in the Dictionary applied during both charge periods" "Whether the act of 'transport' included deposit of the waste" "Factors relevant to determining whether material is 'waste'" 'Onus of proof in respect of lawful authority to use a place as a waste facility']

Ratio Decidendi

The definition of 'waste' for the purpose of the offence under s 143(1) requires assessment of whether the substance was unwanted or surplus in the hands of the owner immediately before transportation, regardless of its capacity for re-use or recycling. The offence under s 143(1) is complete upon transport to a place not lawfully used as a waste facility, and deposit is not required. The Dictionary definition did not apply during the first charge period, as 'waste' was specially defined in s 143(4).

Court Disposition

The questions of law were answered; proceedings returned to the Land and Environment Court for final orders; no order as to costs.

Orders

  • ['Proceedings returned to Land and Environment Court for final orders in accordance with answers given to questions of law.' 'No order as to costs in this Court.']