Environment Protection Authority v Eastern Creek Operations Pty Limited [2020] NSWLEC 182

Environment Protection Authority v Eastern Creek Operations Pty Limited [2020] NSWLEC 182

The Notice issued under s 191 of the Protection of the Environment Operations Act 1997 (NSW) failed to adequately and clearly specify the matter for which information was sought, lacked sufficient relationship between the information required and the statutory purpose, was impermissibly wide, and therefore invalid; as validity of the Notice is a precondition for prosecution under s 211, both charges must fail.

Jurisdiction
Australia
Judgment Date
22 December 2020
Procedural Posture
Criminal / Preliminary Hearing (notices of Motion Seeking Dismissal of Summonses)
Outcome
Summonses dismissed; Notice declared invalid; relief and costs to be discussed with parties
Legal Topics
['validity of Statutory Notice' 'collateral Attack on Regulatory Action' 'interpretation of Statutory Requirements' 'resource Recovery Exemptions' 'record Keeping Obligations']
['environmental Law' 'criminal Law' 'administrative Law'] ['validity of Statutory Notice' 'collateral Attack on Regulatory Action' 'interpretation of Statutory Requirements' 'resource Recovery Exemptions' 'record Keeping Obligations']

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Procedural Posture

Criminal / Preliminary Hearing (notices of Motion Seeking Dismissal of Summonses)

Legal Issues

  1. 1 ['Whether the Notice to Provide Information and/or Records issued under s 191 of the Protection of the Environment Operations Act 1997 (NSW) was valid' 'Whether the Notice sufficiently indicated the matter and the relationship between the information sought and the statutory responsibilities' 'If an invalid Notice vitiates the criminal charges' 'Whether severance of an invalid portion of the Notice is permissible']

Ratio Decidendi

The Notice issued under s 191 of the Protection of the Environment Operations Act 1997 (NSW) failed to adequately and clearly specify the matter for which information was sought, lacked sufficient relationship between the information required and the statutory purpose, was impermissibly wide, and therefore invalid; as validity of the Notice is a precondition for prosecution under s 211, both charges must fail.

Court Disposition

Summonses dismissed; Notice declared invalid; relief and costs to be discussed with parties

Orders

  • []