All Things Newz
Law \ Legal

NSW Land and Environment Court prosecution judgment: Crush and Haul case – Environmental Law



To print this article, all you need is to be registered or login on Mondaq.com.

Prosecution by the Environment Protection Authority leads to
company and its director being fined, ordered to pay costs &
publish notice in Quarry Magazine, Sydney Morning Herald, Daily
Telegraph, Coffs Coast News of the Area and Northern Rivers
Times.

In Environment Protection Authority v Crush and Haul Pty
Ltd
; Environment Protection Authority v Cauchi [2022]
NSWLEC 113 (Crush and Haul case), the
Land and Environment Court of New South Wales has convicted Crush
and Haul Pty Ltd (Crush and Haul) for an offence
of failing to comply with licensing requirements for scheduled
activities under the Protection of the Environment Operations
Act
(NSW). Its sole Director was also convicted being the
person involved in the management of Crush and Haul and was in a
position to influence the conduct of the company to prevent or stop
it committing the offence.

Through 2018, Crush and Haul operated Corindi Quarry, at Corindi
Beach north of Coffs Harbour. Crush and Haul extracted, processed
and stored at the quarry extractive materials, specifically rock
and clay, for sale. Under s 48 of the Protection of the
Environment Operations Act
(NSW), an occupier of premises at
which a scheduled activity is carried on is required to hold an
environment protection licence authorising that activity to be
carried on at the premises. Clause 19 of Schedule 1 to the Act
indicates that a licence is required for land-based extractive
activity if the activity meets the criteria in Column 2 of the
Table to the clause. “Land-based extractive activity” is
defined in cl 19(1) to mean “the extraction, processing or
storage of extractive materials, either for sale or re-use, by
means of excavation, blasting, tunnelling or quarrying or other
such land-based methods”. The criteria for this activity in
Column 2 of the Table to the clause is that the activity
“involves the extraction, processing or storage of more than
30,000 tonnes per year of extractive materials.”

Crush and Haul extracted, processed or stored more than 30,000
tonnes of extractive materials per year in 2018 and from 1 January
2018 to 31 December 2018, Crush and Haul sold 92,966.28 tonnes of
extractive materials from Corindi Quarry. Accordingly, the company
was required to hold an environment protection licence to carry on
the scheduled activity of land-based extractive activity at the
premises. By not holding such a licence at the time that the
activity was carried on it committed an offence against s 48(2) of
the Act.

In sentencing, Preston CJ convicted and fined the company and
its director $225,000 and $22,500 respectively; and ordered that
the company and its director pay the Environment Protection
Authority’s costs, and publish a notice in the Quarry Magazine,
Sydney Morning Herald, Daily Telegraph, Coffs Coast News of the
Area and Northern Rivers Times of the conviction of the
offence.

The recent decision in the Crush and Haul case is a
timely reminder for persons (including companies) not to carry on a
scheduled activity under the Protection of the Environment
Operations Act
(NSW) or environmentally relevant activity
under the Environmental Protection Act 1994 (QLD) without
an environment protection licence in NSW or environmental authority
in QLD that may be required to authorise the carrying on of that
activity, and for directors or managers of corporations to ensure
that they take reasonable steps to prevent or stop the commission
of offences by the corporation.

A full copy of the judgment can be found here:

NSW Case Law Judgment

POPULAR ARTICLES ON: Environment from Australia



Source link

Related posts

Avoiding Trademark Conflicts When Rebranding – Trademark

Horace Hayward

Lawsuit Alleges Plant Butter Deceptively Labeled – Food and Drugs Law

Horace Hayward

As a doctor, do you want to be an independent contractor, or an employee? – Contract of Employment

Horace Hayward