Land and Environment Court
of New South Wales
CITATION: Environment Protection Authority v Queanbeyan City Council [2010] NSWLEC 237 PARTIES: PROSECUTOR
DEFENDANT
Environment Protection Authority
Queanbeyan City CouncilFILE NUMBER(S): 50080 of 2008 CORAM: Pepper J KEY ISSUES: CRIMINAL LAW :- whether a prosecution for water pollution caused by the unintentional discharge of sewage should be premanently stayed because of a refusal by the regulatory authority to issue an environment protection licence - whether the licence was required to be issued - whether had the licence been issued the defendant would have been afforded a statutory defence to a strict liability offence - whether if the proceedings continued they would be unfair - whether the public interest in permitting the prosecution to proceed outweighed any unfairness - permanent stay refused LEGISLATION CITED: Evidence Act 1995 s 136
Protection of the Environment Operations Act 1997 ss 42, 43, 45, 48, 53, 63(2), 120(1), 122, 123, 287CASES CITED: ADI Ltd v Environment Protection Authority [2000] NSWCCA 333; 118 A Crim R 335
Batistatos v Roads and Traffic Authority (NSW) [2006] HCA 27; (2006) 226 CLR 256
Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd [2010] NSWCA 190
CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384
Director-General, Department of Environment and Climate Change v Gleeson; Director-General, Department of Environment and Climate Change v Epacris Pty Ltd [2009] NSWLEC 42; (2009) 165 LGERA 99
Dupas v R [2010] HCA 20; (2010) 267 ALR 1
Grey v R [2001] HCA 65; (2001) 184 ALR 593
Jago v District Court (NSW) (1989) 168 CLR 23
Kirk v Industrial Court (NSW) [2010] HCA 1; (2009) 239 CLR 531
Metropolitan Bank Ltd v Pooley (1885) 10 App Cas 210
Mraz v R (1955) 93 CLR 493
R v Edwards [2009] HCA 20; (2009) 255 ALR 399
R v Glennon (1992) 173 CLR 592
R v Ulman-Naruniec [2003] SASC 437; (2003) 143 A Crim R 531
Walton v Gardiner (1993) 177 CLR 378
Wilde v R (1988) 164 CLR 365
Wilson v State Rail Authority of New South Wales [2010] NSWCA 198DATES OF HEARING: 24-27 August 2009
DATE OF JUDGMENT:
21 December 2010LEGAL REPRESENTATIVES: PROSECUTOR
Mr J Glissan QC with Ms G Preston
SOLICITORS
Department of Environment and Climate ChangeDEFENDANT
Mr R McIlwaine SC with Mr T To
SOLICITORS
Herring & Associates
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESPEPPER J
21 December 2010
50080 of 2008 Environment Protection Authority v Queanbeyan City Council
JUDGMENT
Introduction
1 HER HONOUR: Queanbeyan City Council (“the council”), has been charged with an offence of polluting waters in contravention of s 120(1) of the Protection of the Environment Operations Act 1997 (“the Act”). The council has pleaded not guilty.
2 By notice of motion filed 22 July 2009, the council seeks a permanent stay of the prosecution on the basis that the proceedings are an abuse of process because the conduct of…
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- Case
- [2010] NSWLEC 237
- Decision Date
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