EPA v Feodoroff

This is a case study of a summary criminal prosecution and sentencing for a relatively minor environmental offence in the NSW Local Court at Ballina. The case also involves a dispute on costs, which is a common issue in litigation.  

In early 2006 an employee of a waste transporter, Simon Feodoroff, unlawfully disposed of grease waste in northern NSW on two occassions. The waste had been collected from restaurants, clubs and bars in the local area for disposal. The pictures on the right of this page show one of the trucks used, the place where the waste was disposed of, and a close-up of the waste on the ground.

The unlawful waste disposal was discovered in mid-2006 and investigated by the NSW Environmental Protection Authority (EPA).

The EPA charged Mr Feodoroff with two offences against section 143 of the Protection of the Environment Operations Act 1997 (NSW). The EPA elected to prosecute the offences in the summary jurisdiction of the NSW Local Court.

Mr Feodoroff pleaded guilty to the offences, however, disputed the penalty sought and the costs claimed by the EPA.

The EPA sought a fine of $22,000 be imposed for the offences and orders for professional costs of $14,482.75, and investigation costs of $12,294.25.

The Ballina Local Court imposed a fine of $3,000, and awarded the EPA $2,500 for professional costs, and $1,000 for investigation costs.

Key documents for this case:

• Charge 1 and charge 2, stated in the notices to appear in the Ballina Local Court.

• Statement of Agreed Facts.

• EPA schedule of professional costs.

• EPA schedule of investigation costs and invoice for lab tests of the grease waste collected at the disposal site.

• Plea in mitigation and submissions on costs filed by Mr Feodoroff.

• Written statement of Simon Feodoroff in support of his plea in mitigation.

• Transcript of oral submissions and the magistrate's sentencing remarks.