PROSECUTION :- licenced waste facility - breach of s 126 of the Protection of the Environment Operations Act 1979 - guilty plea - air pollution - smouldering sub-surface fires and offensive odour - neighbouring property affected - sentencing considerations - defendant director with control over premises at all times - company with prior environmental convictions - only one director charged - forseeability of risk of harm - minimal environment harm - harm to regulatory regime - penalty
PROSECUTION :- waste facility without lawful authority - breach of s 144 Protection of the Environment Operations Act 1979 - guilty plea - failure to pay waste contributions to council - notice of suspension of facility - breach of notice of suspension - waste continued to be accepted despite suspension - s 10 of the Crimes (Sentencing Procedure) Act 1999 not appropriate - penalty
Case Details
Citation[2009] NSWLEC 181
CourtNSWLEC
JurisdictionNew South Wales
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