Secretary, Department of Planning, Industry and Environment v Auen Grain Pty Ltd; Greentree; Merrywinebone Pty Ltd; Harris (No 3) [2020] NSWLEC 129

Secretary, Department of Planning, Industry and Environment v Auen Grain Pty Ltd; Greentree; Merrywinebone Pty Ltd; Harris (No 3) [2020] NSWLEC 129

The Court granted leave to rely on specified further evidence where it was responsive to defendants' objections, related to matters apparently admitted or not previously disputed, or was necessary to address transitional arrangements for category-2 regulated land, because the late service did not create irremediable prejudice and the proceedings would not have been completed within the allocated time in any event. Leave was refused for evidence concerning provenance of aerial and satellite images, the amended s 13.32 certificate, and the further affidavit of Mr Spiers, because those matters were not discretely raised by defendants' objections, were served late without satisfactory...

Jurisdiction
Australia
Judgment Date
25 September 2020
Procedural Posture
Class 5 Criminal Proceedings Concerning Land Clearing Offences / Notice of Motion During Opening Address Seeking Leave to File Amended Notices Under S 247 J of the Criminal Procedure Act 1986 (nsw) and Rely on Further Evidence
Outcome
Motion allowed in part; leave granted for specified further evidence, leave refused for other evidence, and costs reserved.
Legal Topics
['late Prosecution Evidence' 'preliminary Disclosure' 'native Vegetation Clearing Offences' 'evidentiary Certificates' 'prejudice and Fairness in Criminal Proceedings']
['environmental Law' 'criminal Procedure' 'evidence'] ['late Prosecution Evidence' 'preliminary Disclosure' 'native Vegetation Clearing Offences' 'evidentiary Certificates' 'prejudice and Fairness in Criminal Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 5 Criminal Proceedings Concerning Land Clearing Offences / Notice of Motion During Opening Address Seeking Leave to File Amended Notices Under S 247 J of the Criminal Procedure Act 1986 (nsw) and Rely on Further Evidence

Legal Issues

  1. 1 ['Whether the prosecutor should be granted leave to file amended notices under s 247J of the Criminal Procedure Act 1986 (NSW) adding further evidence after commencement of the trial.' "Whether the further evidence was relevant, admissible, responsive to defendants' objections or apparent admissions, and whether its late service caused irremediable prejudice." 'Whether leave should be granted for particular categories of further evidence, including evidence about native vegetation and landholders, provenance of aerial and satellite images, evidence responsive to objections, and evidence about transitional arrangements.']

Ratio Decidendi

The Court granted leave to rely on specified further evidence where it was responsive to defendants' objections, related to matters apparently admitted or not previously disputed, or was necessary to address transitional arrangements for category-2 regulated land, because the late service did not create irremediable prejudice and the proceedings would not have been completed within the allocated time in any event. Leave was refused for evidence concerning provenance of aerial and satellite images, the amended s 13.32 certificate, and the further affidavit of Mr Spiers, because those matters were not discretely raised by defendants' objections, were served late without satisfactory...

Court Disposition

Motion allowed in part; leave granted for specified further evidence, leave refused for other evidence, and costs reserved.

Orders

  • ['Pursuant to s 68(1) of the Land and Environment Court Act 1979 (NSW), the prosecutor is granted leave to file Amended Notices under s 247J of the Criminal Procedure Act 1986 (NSW) by adding specified evidence, including affidavits of Leanne Jago, Michael William Brooks in part, Scott Terrence Drady in part, Jeremy...