ENVIRONMENTAL OFFENCES :- transportation of waste to a place that could not lawfully be used as a waste facility for that waste
› liquid residue from municipal solid waste treatment facility
› soil injection of transported liquid at farming property
› liquid claimed to increase soil fertility
› characterisation as ‘waste’ at source and not at disposition site
› unwanted and surplus product of treatment facility
› “waste” within the meaning of the Protection of Environment Operations Act 1997
ENVIRONMENTAL OFFENCES:- transportation of waste to a place that could not lawfully be used as a waste facility for that waste
› soil injection at farm
› frequency of process and volume of liquid injected
› use of farm as a “waste facility”
› liquid injected not a category of organic liquid waste identified in cl (3)(d1) of the “waste facilities” item in Sch 1 to the Protection of Environment Operations Act 1997
› farm required to be licensed as a “waste facility”
› no licence held
STATUTORY INTERPRETATION:- requirement for a licence as a “waste facility” to dispose of liquid waste
› claimed inconsistency with Waste Guidelines published by prosecutor
› Guidelines given no general statutory force
› no ambiguity or inconsistency within legislation creating the offence
› no doubt to be resolved in favour of defendant when determining whether offence committed
Case Details
Citation[2010] NSWLEC 162
CourtNSWLEC
JurisdictionNew South Wales
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