Secretary, Department of Planning and Environment v Aerotropolis Pty Ltd [2023] NSWLEC 4

Secretary, Department of Planning and Environment v Aerotropolis Pty Ltd [2023] NSWLEC 4

The limitation period for commencing proceedings under the National Parks and Wildlife Act 1974 and the Biodiversity Conservation Act 2016 runs exclusive of the day evidence of the offence comes to the authorised officer; the period thus expired at midnight on 11 June 2022, and the operation of s 36(2) of the Interpretation Act 1987 (NSW) was not ousted by the statutory provisions, enabling prosecution filing on the next business day, so all prosecutions were commenced within time.

Jurisdiction
Australia
Judgment Date
02 February 2023
Procedural Posture
Class 5 / Interlocutory Decision on Defendant's Notice of Motion to Dismiss Charges as Statute Barred
Outcome
Defendant's Notice of Motion dismissed; prosecutions may proceed
Legal Topics
['limitation of Actions' 'reckoning of Time' 'statutory Interpretation' 'environmental Prosecutions']
['criminal Law' 'environmental Law' 'statutory Interpretation'] ['limitation of Actions' 'reckoning of Time' 'statutory Interpretation' 'environmental Prosecutions']

Case Brief

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Procedural Posture

Class 5 / Interlocutory Decision on Defendant's Notice of Motion to Dismiss Charges as Statute Barred

Legal Issues

  1. 1 ['Whether charges were laid within the limitation period prescribed by s 190 of the National Parks and Wildlife Act 1974 and s 13.4 of the Biodiversity Conservation Act 2016' 'Whether the day evidence of the offence came to an authorised officer should be included or excluded in the reckoning of the limitation period' 'Whether s 36(2) of the Interpretation Act 1987 (NSW) was ousted by the relevant provisions of the charge-founding statutes']

Ratio Decidendi

The limitation period for commencing proceedings under the National Parks and Wildlife Act 1974 and the Biodiversity Conservation Act 2016 runs exclusive of the day evidence of the offence comes to the authorised officer; the period thus expired at midnight on 11 June 2022, and the operation of s 36(2) of the Interpretation Act 1987 (NSW) was not ousted by the statutory provisions, enabling prosecution filing on the next business day, so all prosecutions were commenced within time.

Court Disposition

Defendant's Notice of Motion dismissed; prosecutions may proceed

Orders

  • ["The Defendant's Notice of Motion is dismissed." 'Costs are reserved.']