Environment Protection Authority -V- Alkem Drums Pty Ltd [1999] NSWLEC 26

Environment Protection Authority -V- Alkem Drums Pty Ltd [1999] NSWLEC 26

The offence created by reg 21(3) is not a continuing offence; upon expiration of the compliance date in the notice, the offence is complete. The charge as framed is defective for duplicity and fails to particularise which requirement of the notice is alleged to be breached; thus, does not disclose an offence known to law.

Parties
Prosecutor: Environment Protection Authority; Defendant: Alkem Drums Pty Ltd
Jurisdiction
Australia
Judgment Date
30 April 1999
Procedural Posture
Criminal / Interlocutory; Orders Made After Plea and Argument, Prior to Final Determination
Outcome
No final determination; further directions made. Defendant consented to pay prosecutor's costs.
Legal Topics
Environmental Offences, Continuing Offence, Duplicity, Compliance With Regulatory Notice
Environmental Law Criminal Law Environmental Offences Continuing Offence Duplicity Compliance With Regulatory Notice

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Parties

Environment Protection Authority

Prosecutor

Alkem Drums Pty Ltd

Defendant

Procedural Posture

Criminal / Interlocutory; Orders Made After Plea and Argument, Prior to Final Determination

Legal Issues

  1. 1 Whether the failure to comply with a notice issued under Clean Waters Regulation 21 constitutes a continuing offence
  2. 2 Whether the charge as presently framed discloses an offence known to law
  3. 3 Whether the charge is bad for duplicity

Ratio Decidendi

The offence created by reg 21(3) is not a continuing offence; upon expiration of the compliance date in the notice, the offence is complete. The charge as framed is defective for duplicity and fails to particularise which requirement of the notice is alleged to be breached; thus, does not disclose an offence known to law.

Court Disposition

No final determination; further directions made. Defendant consented to pay prosecutor's costs.

Orders

  • The prosecutor is directed to file and serve any Notice of Motion to amend and elect requirements by 4.00 pm on 7 May 1999, returnable on 14 May 1999.
  • The proceedings are adjourned for mention at 9.30 am on 14 May 1999.