Environment Protection Authority v Terrace Earthmoving Pty Ltd (No 3)

Land and Environment Court New South Wales Medium Neutral Citation: Environment Protection Authority v Terrace Earthmoving Pty Ltd (No 3) [2016] NSWLEC 50 Hearing dates:19 November 2013Date of orders: 05 May 2016 Decision date: 05 May 2016 Jurisdiction:Class 5Before: Craig J Decision: Refer to [165-167] Catchwords: OFFENCES – prosecution – transportation of waste to place not lawfully used as a waste facility – demolition materials transported from building sites to rural property for use as a road-base – whether materials unwanted or surplus in the hands of the owner – whether materials waste – whether materials ceased being waste due to pre-transport treatment – whether rural property could lawfully be used as a waste facility – finding that materials were waste – finding that waste was transported – finding that rural property could not lawfully be used as a waste facility – defendants guilty – Protection of the the Environment Operations Act 1997 (NSW), s 143; WORDS AND PHRASES – “waste” – Protection of the Environment Operations Act 1997 (NSW), s 143; WORDS AND PHRASES – “waste facility” – Protection of the Environment Operations Act 1997 (NSW) Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5AE Environmental Planning and Assessment Act 1979 (NSW), ss 4 and 76A Port Stephens Local Environmental Plan 2000 Protection of the Environment Operations Act 1997 (NSW), ss 48, 143, 144, 169, Sch 1 Cases Cited: Baulkham Hills Shire Council v O’Donnell (1990) 69 LGRA 404 Blacktown City Council v Pace [2002] NSWLEC 142; 121 LGERA...