In Sargent v Goebbels [2024] QDC 138, the District Court of Queensland dealt with an appeal brought by Cameron James Sargent, representing the Department of Environment and Science, against Paul John Goebbels and Goebbels Machinery Pty Ltd. The focus of the dispute lay in allegations of breaches under the Environmental Protection Act 1994 pertaining to waste management and operation of a resource recovery facility without the requisite authorities. The magistrate initially found the respondents not guilty of the charges, stating that the prosecution failed to prove beyond reasonable doubt that the materials handled constituted waste as defined under the Act. Furthermore, the judge concluded that even if materials were present on site, they were not classified as waste at the time of their receipt. The appeal court upheld the lower court's decision, agreeing that the appellant had not demonstrated any errors in the magistrate's reasoning, particularly regarding the meanings assigned to "waste" and the relevant statutory interpretations. Consequently, the appeal was dismissed, with costs ordered for the respondents.
top of page
bottom of page