Environment Protection Authority v CSR Ltd (trading as CSR Woodpanels) [1999] NSWLEC 99

Environment Protection Authority v CSR Ltd (trading as CSR Woodpanels) [1999] NSWLEC 99

The prosecutor had provided sufficient particulars for the defendant to know the case it had to meet, including the alleged period from 1992 until decommissioning of the Blue Lagoon and the facts said to establish knowledge of leakage. The summons was not struck out. The proposed amendment did not create duplicity or uncertainty because s 6(1) relevantly penalised the single act of negligently causing a substance to leak where it harmed or was likely to harm the environment; no new offence was alleged and the limitation objection failed. Any prejudice did not justify refusal because the proceedings remained at an early stage and the prosecutor had an acceptable explanation for delay.

Jurisdiction
Australia
Judgment Date
05 May 1999
Procedural Posture
Prosecution for an Alleged Offence Under S 6(1) of the Environmental Offences and Penalties Act 1979 / Interlocutory Notices of Motion: Defendant's Motion to Strike Out Proceedings and Prosecutor's Motion to Amend the Summons
Outcome
Defendant's strike out motion dismissed; prosecutor granted leave to amend the summons; costs reserved.
Legal Topics
['environmental Offences' 'particulars of Charge' 'strike Out Application' 'amendment of Summons' 'duplicity' 'limitation Period']
['environmental Law' 'criminal Procedure'] ['environmental Offences' 'particulars of Charge' 'strike Out Application' 'amendment of Summons' 'duplicity' 'limitation Period']

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Procedural Posture

Prosecution for an Alleged Offence Under S 6(1) of the Environmental Offences and Penalties Act 1979 / Interlocutory Notices of Motion: Defendant's Motion to Strike Out Proceedings and Prosecutor's Motion to Amend the Summons

Legal Issues

  1. 1 ["Whether the prosecutor had furnished adequate particulars in response to the Court's orders of 18 December 1997." 'Whether the proceedings should be struck out for failure to provide adequate particulars.' 'Whether leave should be granted to amend the summons by adding the words "or was likely to harm".' 'Whether the proposed amendment would make the summons bad for duplicity or uncertainty.' 'Whether the proposed amendment alleged an offence outside the statutory limitation period.' 'Whether the proposed amendment would cause prejudice to the defendant.']

Ratio Decidendi

The prosecutor had provided sufficient particulars for the defendant to know the case it had to meet, including the alleged period from 1992 until decommissioning of the Blue Lagoon and the facts said to establish knowledge of leakage. The summons was not struck out. The proposed amendment did not create duplicity or uncertainty because s 6(1) relevantly penalised the single act of negligently causing a substance to leak where it harmed or was likely to harm the environment; no new offence was alleged and the limitation objection failed. Any prejudice did not justify refusal because the proceedings remained at an early stage and the prosecutor had an acceptable explanation for delay.

Court Disposition

Defendant's strike out motion dismissed; prosecutor granted leave to amend the summons; costs reserved.

Orders

  • ["The defendant's notice of motion returnable on 20 April 1999 is dismissed." 'I grant leave to the prosecutor to amend the summons by adding after the word "harmed" in par 1 the words "or was likely to harm".' 'I reserve the question of costs.']