Maund v Shoalhaven City Council [2019] NSWLEC 89

Maund v Shoalhaven City Council [2019] NSWLEC 89

The Council did not form a subjective suspicion that a pollution incident had occurred or was occurring at the premises, nor was any suspicion reasonable. Thus, the clean-up notice under s 91 of the Protection of the Environment Operations Act 1997 was invalid and conviction for non-compliance could not stand.

Jurisdiction
Australia
Judgment Date
17 June 2019
Procedural Posture
Appeal Against Conviction From Local Court / Principal Judgment, Appeal Hearing
Outcome
Appeal upheld; conviction set aside
Legal Topics
['appeal From Local Court' 'environmental Offences' 'clean Up Notice Validity' 'evidence of Pollution Incident']
['environmental Law' 'criminal Law'] ['appeal From Local Court' 'environmental Offences' 'clean Up Notice Validity' 'evidence of Pollution Incident']

Case Brief

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Procedural Posture

Appeal Against Conviction From Local Court / Principal Judgment, Appeal Hearing

Legal Issues

  1. 1 ['Whether the clean-up notice under s 91 of the Protection of the Environment Operations Act 1997 was validly issued' 'Whether the Council formed a reasonable suspicion of a pollution incident' 'Whether non-compliance with the clean-up notice was proven']

Ratio Decidendi

The Council did not form a subjective suspicion that a pollution incident had occurred or was occurring at the premises, nor was any suspicion reasonable. Thus, the clean-up notice under s 91 of the Protection of the Environment Operations Act 1997 was invalid and conviction for non-compliance could not stand.

Court Disposition

Appeal upheld; conviction set aside

Orders

  • ['The appeal is upheld.' 'The conviction imposed by the Local Court on 5 November 2018 against Roderick Maund for the offence against s 91(5) of the Protection of the Environment Operations Act 1997 of failing to comply with a clean-up notice dated 16 December 2015 issued by Shoalhaven City Council is set aside.']