Water NSW v Faulkner [2015] NSWLEC 158

Water NSW v Faulkner [2015] NSWLEC 158

The proposed amendments did not change any essential factual ingredient of the offences pleaded in the summonses, but corrected erroneous references to the applicable regulation and clause numbers. The amendments therefore did not lay fresh charges and were permitted under s 21(1) of the Criminal Procedure Act 1986 without injustice to the Defendant. The Court was also satisfied, at this interlocutory stage, that cl 35 of the Sydney Water Catchment Management Regulation 2013 preserved a statutory foundation for proceedings concerning breaches of the Sydney Water Catchment Management Regulation 2008.

Jurisdiction
Australia
Judgment Date
08 October 2015
Procedural Posture
Class 5 Criminal Prosecution Proceedings Concerning Alleged Offences Under Catchment Management Regulations / Interlocutory Motions by the Prosecutor for Leave to Rely on Amended Summonses
Outcome
Leave granted for the Prosecutor to rely on amended summonses in matters 50200, 50201, 50202 and 50204 of 2015.
Legal Topics
['amendment of Summonses' 'defective Summonses' 'essential Factual Ingredients of an Offence' 'limitation Periods' 'savings and Transitional Provisions' 'jurisdiction Over Offences Under Repealed Regulations']
['criminal Procedure' 'environmental Law' 'land and Environment Court Jurisdiction'] ['amendment of Summonses' 'defective Summonses' 'essential Factual Ingredients of an Offence' 'limitation Periods' 'savings and Transitional Provisions' 'jurisdiction Over Offences Under Repealed Regulations']

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Procedural Posture

Class 5 Criminal Prosecution Proceedings Concerning Alleged Offences Under Catchment Management Regulations / Interlocutory Motions by the Prosecutor for Leave to Rely on Amended Summonses

Legal Issues

  1. 1 ['Whether each summons could be amended to refer to the Sydney Water Catchment Management Regulation 2008 instead of the Sydney Water Catchment Management Regulation 2013.' 'Whether the proposed amendments would alter any essential factual ingredient of the charges or amount to laying fresh charges after expiry of the limitation period.' 'Whether s 21(1) of the Criminal Procedure Act 1986 permitted the amendments without injustice to the Defendant.' 'Whether the Land and Environment Court retained jurisdiction to hear and determine charges under the 2008 Regulation after commencement of the Water NSW Act 2014.']

Ratio Decidendi

The proposed amendments did not change any essential factual ingredient of the offences pleaded in the summonses, but corrected erroneous references to the applicable regulation and clause numbers. The amendments therefore did not lay fresh charges and were permitted under s 21(1) of the Criminal Procedure Act 1986 without injustice to the Defendant. The Court was also satisfied, at this interlocutory stage, that cl 35 of the Sydney Water Catchment Management Regulation 2013 preserved a statutory foundation for proceedings concerning breaches of the Sydney Water Catchment Management Regulation 2008.

Court Disposition

Leave granted for the Prosecutor to rely on amended summonses in matters 50200, 50201, 50202 and 50204 of 2015.

Orders

  • ['In matter 50200 of 2015, the Prosecutor is granted leave to rely on an amended summons.' 'In matter 50200 of 2015, the amended summons in the form attached to the affidavit of Mark Cottom dated 8 September 2015 is to be filed and served by 4.30 pm on 23 October 2015.' 'In matter 50200 of 2015, the matter is set...