Transport for New South Wales v Estuary Constructions Pty Ltd; Transport for New South Wales v Sampson (No 2)

[2022] NSWLEC 52

Land and Environment Court

New South Wales

Medium Neutral Citation:

Transport for New South Wales v Estuary Constructions Pty Ltd; Transport for New South Wales v Sampson (No 2) [2022] NSWLEC 52

Hearing dates:

23 November 2021

Date of orders:

5 May 2022

Decision date:

23 March 2022

Jurisdiction:

Class 5

Before:

Duggan J

Decision:

See paragraph 4

Catchwords:

SLIP RULE – clerical amendments to the publication order – by consent

Legislation Cited:

Protection of the Environment Operations Act 1997 (NSW)

Land and Environment Court Rules 2007 (NSW)

Uniform Civil Procedure Rules 2005 (NSW)

Cases Cited:

Transport for New South Wales v Estuary Constructions Pty Ltd; Transport for New South Wales v Sampson [2022] NSWLEC 23

Category:

Consequential orders

Parties:

200707, 404184, 404186 and 404187 of 2019
Transport for New South Wales (Prosecutor)
Estuary Constructions Pty Ltd (Defendant)

200714, 404189 and 404191 of 2019
Transport for New South Wales (Prosecutor)
Grant Darcy Sampson (Defendant)

Representation:

Counsel:
M Astill (Prosecutor)
G Sampson (Defendant)

Solicitors:
Norton Rose Fulbright (Prosecutor)
N/A

File Number(s):

200707, 404184, 404186, 404187, 200714, 404189 and 404191 of 2019

Publication restriction:

No

Judgment

1. On 23 March 2022, I sentenced the Defendants for the commission of environmental offences in my judgment Transport for New South Wales v Estuary Constructions Pty Ltd; Transport for New South Wales v Sampson [2022] NSWLEC 23.

2. As part of the sentence, I imposed a publication order pursuant to s 250(1) of the Protection of the Environment Operations Act 1997 (NSW) in the terms generally proposed by the Prosecutor. It has not become apparent that the form of publication sought by the Prosecutor and adopted by me in the publication order is not available to the Defendant, in that the digital edition of the Manly Daily no longer has pages or references to page sizes. The Defendant has sought clarity as to the publication requirements to accommodate the Manly Daily Digital Edition publication practices.

3. In consideration of the revised practices of the Manly Daily the Prosecutor has suggested the following modifications to the terms of the orders made by me at paragraphs [167(8)(b)] and [167(8)(d)] relating to the form of publication where the additional words are in bolded text and the deletions are struck through:

[167(8)(b)]:

To be placed in the Manly Daily Digital Edition (including any related online classifieds) within 28 days of the date of the Court’s order, within the first 13 pages on an odd-numbered page at a minimum one-quarter page size;

[167(8)(d)]:

Within 28 days of the date of publication of the notice referred to in (b) above, the Defendants must provide to the Prosecutor a screenshot copy of the published notice USB thumb drive containing an image, in PDF, JPEG or PNG format, of the page of the Manly Daily Digital Edition in which that notice appears.

4. I consider that such modified form would take account of the concerns raised by the Defendant and can be sufficiently accommodated whilst still achieving the intent and purpose of the publication order as imposed as part of the sentence. Accordingly, as requested by the parties and pursuant to the slip rule provided for at r 36.17 of the Uniform Civil Procedure Rules 2005 (NSW) as it applies to these proceedings by operation of r 5.2 of the Land and Environment Court Rules 2007 (NSW) I amend the references to the form of publication in paragraph 167(8)(b) and (d) to reflect the wording set out in [3] above.

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