Land and Environment Court gives custodial sentence for dumping waste containing asbestos

Introduction

Environment Protection Authority v Hanna [2013] NSWLEC 41

Although the Land and Environment Court of NSW very regularly determines pollution related matters in its criminal jurisdiction, it is very rare for custodial sentences to be given by the Court. In a recent decision, Justice Pain found the operator of a waste transport business guilty of contempt and sentenced him to 3 months in prison. The sentence was suspended for 3 months on condition that he enter into, and comply with, a good behaviour bond. He was also ordered to pay the EPA's costs.

This case demonstrates the increasing scrutiny that the EPA is placing on waste, and waste transportation, and the seriousness that the Court places on such offences, particularly where asbestos is involved.