Land and Environment Court
New South Wales
Medium Neutral Citation: Environment Protection Authority v McMurray [2024] NSWLEC 6 Hearing dates: 22 September 2023 Date of orders: 07 February 2024 Decision date: 07 February 2024 Jurisdiction: Class 6 Before: Duggan J Decision: See paragraph 106
Catchwords: CRIMINAL APPEAL – Environmental Offences – Liability of Councils and directors – special executive liability – s 169(1) of Protection of the Environment Operations Act 1997 (NSW) – statutory construction – construction of “to and in respect of”– whether such an expression is to be read disjunctively or conjunctively – ordinary and grammatical meaning of “and” is conjunctive – assistance of extrinsic material – s 220(4) of Local Government Act 1993 (NSW) – costs limitations imposed upon lower courts
Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW)
Criminal Procedure Act 1986 (NSW)
Interpretation Act 1987 (NSW)
Local Government Act 1993 (NSW)
Local Government Amendment (Legal Status) Act 2008 (NSW)
Protection of the Environment Operations Act 1997 (NSW)
Cases Cited: Barton v The Queen (1980) 147 CLR 75
Botany Bay City Council v Inspector Derek Pryor [2009] NSWIRComm 12
Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297
Director- General, Department of Environment and Climate Change v Gleeson & Ors (No 2) [2009] NSWLEC 200
Environment Protection Authority v Forbes Shire Council [2014] NSWLEC 26
Environment Protection Authority v Queanbeyan City Council (No 3) [(2012) 192 LGERA 415
Environment Protection Authority v Wyong Shire Council [2012] NSWLEC 36
Garrett v Freeman (No 4) [2007] NSWLEC 389
Jago v District Court of New South Wales (1989) 168 CLR 23
Mills v Meeking (1990) 169 CLR 214
Taylor v The Owners - Strata Plan No 11564 (2014) 253 CLR 531
Texts Cited: Dennis C Pearce, Statutory Interpretation in Australia (9th ed, 2019, LexisNexis)
Category: Principal judgment Parties: Environment Protection Authority (Appellant)
Phillip Anthony McMurray (Respondent)Representation: Counsel:
Solicitors:
R Coffey (Appellant)
M Fraser (Respondent)
Environment Protection Authority (Appellant)
Moray & Agnew (Respondent)
File Number(s): 2023/00184115 Publication restriction: No Decision under appeal
- Court or tribunal:
- Local Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 12 May 2023
- Before:
- Magistrate McLennan
- File Number(s):
- 2022/00259365
JUDGMENT
Nature of proceedings
Facts
-
By Summons filed 8 June 2023, the Environment Protection Authority (the EPA or the Appellant) appeals pursuant to s 42(2B)(a) of the Crimes (Appeal and Review) Act 2001 (NSW) (CAR Act) against a decision of the Local Court granting a permanent stay of a summary prosecution commenced against Mr Phillip McMurray (Mr McMurray or the Respondent). The appeal is limited to questions of law alone.
Grounds of appeal
-
The Summons identified four grounds of appeal. Namely, that the Magistrate erred in law by:
Finding that the Respondent had established “exceptional circumstances” for the grant of a permanent stay (Ground 1);
Finding that s 169(1) of the Protection of…
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- AGLC
- Environment Protection Authority v McMurray [2024] NSWLEC 6
- Case
- [2024] NSWLEC 6
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
See paragraph 106
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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