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CASE LAW |
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Environmental Protection Authority v Alcobell
Pty Ltd; |
Between 2010 and 2012, Alcobell Pty Ltd regularly transported and
deposited about 6,500 tonnes of waste containing asbestos on three rural
properties, one of which was owned by the company’s director, Mr
Campbell.
The NSW Environment Protection Authority (EPA) conducted an
investigation into these activities.
During the investigation, Mr Campbell provided the EPA with a set
of Alcobell’s internal running worksheets of daily waste loads, which
were different to records later obtained under a search warrant executed
by the EPA.
The Verdict
The NSW Land and Environmental Court convicted and fined Alcobell and Mr
Campbell a total of $87,000 for unlawfully transporting and dumping
waste on three properties around Lithgow, and for providing false and
misleading information to the EPA.
The Court accepted that the worksheets Mr Campbell provided to EPA
investigators were merely an internal running record of work completed
by Alcobell and were not intentionally falsified.
The Court found that Mr Campbell’s conduct was not reckless or
deliberate. However, his
actions were negligent for a person involved in the transport of waste.
In relation to waste disposal, the Court noted that the defendant’s’
conduct should be understood as a failure to properly understand that
the waste did not meet any relevant waste exemption and so could not
lawfully be disposed of on any of the properties.
The Lesson |
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This article is © 2015 Portner Press Pty Ltd and has been reproduced with permission of Portner Press, Australia. It was first published in the Health & Safety Handbook | close window |
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