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Cessnock City Council v Quintaz Pty Limited; Cessnock City Council v McCudden.

Country/Territory
Australia
Type of court
Others
Date
Jan 11, 2010
Source
UNEP, InforMEA
Court name
Land and Environment Court of New South Wales
Judge
Pepper.
Reference number
[2010] NSWLEC 3
Language
English
Subject
Waste & hazardous substances, Environment gen., Legal questions
Keyword
Solid waste Food waste Hazardous waste Organic waste Waste disposal Offences/penalties Enforcement/compliance Waste domestic sources Waste non-domestic sources Liability/compensation
Abstract
Cr McCudden was the sole director of Quintaz, which controlled a number of businesses, including asbestos removal and demolition services. The court was told in July that Cr McCudden and Quintaz had pleaded guilty to the charges, which arose after council inspectors discovered fragments of asbestos at a 17-hectare Sawyers Gully property, owned by Quintaz. The asbestos was in fragments on top of and within stockpiles at the site and had not contaminated the soil. Defence for Cr McCudden told the court his client had not been given enough time to comply with the council's orders, which led to him defaulting on the notices. The Judge agreed with Cr McCudden's defence team that the presence of asbestos on the site was minimal and she said she accepted that the harm done to the environment was also minimal. Nevertheless, she ordered Quintaz to pay a fine of $112,500 and $45,700 towards the council's legal costs, while Cr McCudden was fined $21,000 and $26,700 in costs. The damage was in failing to act when the council identified a problem and showing "disregard for the regulatory regime", the judge said.
Full text
COU-156938.pdf