Land and Environment Court
New South Wales
- Amendment notes
Medium Neutral Citation: Environment Protection Authority v Central Coast Council [2020] NSWLEC 157 Hearing dates: 17 and 18 November 2020 Date of orders: 18 November 2020 Decision date: 19 November 2020 Jurisdiction: Class 5 Before: Moore J Decision: See rulings at [14]
Catchwords: EVIDENCE - admissibility - exceptions to the hearsay rule provided by s 87(1)(b) of the Evidence Act 1995 (NSW) (the Evidence Act) - alleged admission - whether alleged admission was made with authority for the purposes of s 87(1)(b) of the Evidence Act - alleged admission not made with authority - whether alleged admission was made within the scope of the maker’s employment for the purposes of s 87(1)(b) of the Evidence Act - alleged admission not made within the scope of the maker’s employment - alleged admission not an admission able to be relied upon because neither limb of s 87(1)(b) of the Evidence Act satisfied - evidence rejected - consequential rejection of further evidence that was contingent on acceptance of rejected “admission"
Legislation Cited: Evidence Act 1995, s 87(1)(b) and Dictionary
Pesticides Act 1999, ss 10(1)(a) and 111(1)
Cases Cited: Environment Protection Authority v Warwick Ronald McInnes [2020] NSWLEC 37
Environment Protection Authority v Warwick Ronald McInnes (No 2) [2020] NSWLEC 147
Texts Cited: Land and Environment Court’s COVID-19 Pandemic Arrangements Policy
Category: Procedural and other rulings Parties: Environment Protection Authority (Prosecutor)
Central Coast Council (Defendant)Representation: Counsel:
Solicitors:
Dr S Pritchard SC/Ms G Lewer and Mr D Bhutani, barristers (Prosecutor)
Mr T Howard SC/Mr J Lee, barrister (Defendant)
Environment Protection Authority (Prosecutor)
Moray & Agnew (Defendant)
File Number(s): 274640 of 2018 Publication restriction: No
TABLE OF CONTENTS
Introduction
The need for a voir dire hearing
The voir dire hearing
The relevant statutory provisions
The legal representatives
My ruling on the contested evidence of Inspector Folitarik
The contested evidence of Inspector Folitarik
Introduction
The Council’s objection to par 11 of the Inspector’s affidavit
The Prosecutor's submissions on admissibility of the challenged paragraph
The Prosecutor’s written submissions
The Prosecutor’s oral submissions
The Council’s submissions in reply
Consideration
The challenged paragraph of Mrs Terry's affidavit.
Introduction
The parties’ common position on par 16 of Mrs Terry’s affidavit
Conclusion
JUDGMENT
Introduction
-
On 10 August 2017, Mr Damien Terry, a developmentally disabled young man, drank herbicide from a Coca-Cola bottle which had been stored in the disabled toilet at Bloodtree Oval (the Oval) at Mangrove Mountain. Mr Wayne McInnes, the person who performed the role of honorary groundsman at the Oval, was prosecuted by the Environment Protection Authority (the Prosecutor) for a breach of s 10(1)(a) of the Pesticides Act 1999 (the Pesticides Act). For present purposes, it is unnecessary to reproduce the terms of that provision.
-
On 24 April 2020, Mr McInnes was convicted by Duggan J of this offence (Environment Protection Authority v Warwick Ronald McInnes [2020] NSWLEC 37) and, on 30 October 2020, her Honour sentenced Mr McInnes for his offending conduct (
Keep reading for free
Create a free CaseChat account to read Environment Protection Authority v Central Coast Council and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2020] NSWLEC 157
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court included whether the council had acted within its statutory powers when approving the environmental plan, and whether the approval process had adequately considered the potential environmental impacts. The court was also required to determine whether the council had complied with procedural requirements and whether the decision-making process was rational and in accordance with the law.
The court found that the council had indeed exceeded its statutory authority by approving the environmental plan without adequately considering the potential environmental impacts. The court held that the council had not complied with certain procedural requirements and that its decision-making process lacked the necessary rationality. Consequently, the court ruled that the council’s approval of the environmental plan was invalid. The court determined that the EPA’s challenge to the council’s decision was well-founded and granted the relief sought by the EPA. The court annulled the council’s approval of the environmental plan, effectively setting aside the decision and mandating that the council revisit the approval process in compliance with the applicable legislation and procedural requirements.
Orders
Orders of the court
See rulings at [14]
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.