Practitioners advising landfill operators should note that failure to monitor and pump leachate in accordance with the EPA Guidelines (300mm above basal liner) will be assessed against expert evidence rather than informal EPA guidance, and that the De Simoni principle prevents treating negligence or recklessness as aggravating for strict liability POEOA offences but does not preclude consideration of state of mind in assessing objective seriousness. The case also confirms that sustained and severe harm to multiple residents from offensive odour can be treated as aggravating under s 21A(2)(g) CSPA even though harm is an element of the s 129 offence.
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