Environment Protection Authority v Grafil Pty Ltd; Environment Protection Authority v Mackenzie

[2018] NSWLEC 99

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. Environmental Offence
2. › plea of not guilty to charge of operating waste facility without lawful authority
3. › no waste deposited on land in charge period
4. › no requirement to hold an environment protection licence
5. › no requirement to hold development consent
6. › defendant not guilty
1. Environmental Offence
2. › plea of not guilty to charge of executive liability of operating waste facility without lawful authority
3. › director of corporation
4. › no basis for finding of guilt
1. Statutory Construction
2. › definition of “waste” under Protection of the Environment Operations Act 1997
1. Statutory Construction
2. › legal effect of resource recovery exemptions issued under Protection of the Environment Operations (Waste) Regulation 2005
3. › instruments to be given practical interpretation
4. › instruments to be construed against drafter
5. › use of extrinsic material relevant to context