ENVIRONMENTAL OFFENCES — transport by corporation of waste to a place that could not lawfully be used as a waste facility for that waste — s 143(1) of the Protection of the Environment Operations Act 1997 — sole director of corporation charged with identical offences — s 169(1) of the Act — elements of the offence — transport of waste is anterior to deposition of waste — deposition of waste is not an element of the offence — continuous course of conduct but separate charges by reason of legislative amendment — relevant definition of "waste" during different charge periods — selected material from demolition sites together with selected soil and rock from excavation of sites used to construct an internal farm road — transported materials not "waste" within the meaning of the Act — considerations relevant to the determination of material as being "waste" — commission of offence not established beyond reasonable doubt
Case Details
Citation[2012] NSWLEC 216
CourtNSWLEC
JurisdictionNew South Wales
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