Environment Protection Authority v Coal and Allied Operations Pty Ltd (No 2) [2013] NSWLEC 151
The defendant could not comply with the original orders due to the publication schedule of a relevant magazine, and with both parties consenting, this constituted a cogent reason to amend the orders to extend the period for compliance.
- Parties
- Prosecutor: Environment Protection Authority; Defendant: Coal and Allied Operations Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 16 September 2013
- Procedural Posture
- Sentencing Class 5 / Amendment of Orders Post Sentencing
- Outcome
- Orders 3 and 4 previously made were amended by consent to extend the time for compliance from 21 and 35 days respectively to 45 days each.
- Legal Topics
- Sentencing, Extension of Time, Publication Orders
Case Brief
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Parties
Environment Protection Authority
Prosecutor
Coal and Allied Operations Pty Ltd
Defendant
Procedural Posture
Sentencing Class 5 / Amendment of Orders Post Sentencing
Legal Issues
- 1 Whether to extend the time for compliance with publication and consequential orders imposed as part of sentencing for an environmental offence
Ratio Decidendi
The defendant could not comply with the original orders due to the publication schedule of a relevant magazine, and with both parties consenting, this constituted a cogent reason to amend the orders to extend the period for compliance.
Court Disposition
Orders 3 and 4 previously made were amended by consent to extend the time for compliance from 21 and 35 days respectively to 45 days each.
Orders
- Order 3 - substitute '21' with '45'
- Order 4 - substitute '35' with '45'
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