Environment Protection Authority -V- Emerald Peat Pty Ltd [1999] NSWLEC 28

Environment Protection Authority -V- Emerald Peat Pty Ltd [1999] NSWLEC 28

The proposed amendment merely altered particulars of the dates of the same alleged continuous pollution offence and did not, on its face, create a duplicitous charge or a fresh charge requiring further consent. The Court therefore had power to permit the amendment and the existing consent under s 13(1) was sufficient.

Jurisdiction
Australia
Judgment Date
26 February 1999
Procedural Posture
Environmental Prosecution Alleging Pollution of Waters / Notice of Motion by Prosecutor to Amend the Dates in the Charge
Outcome
Prosecutor's application to amend the summons granted.
Legal Topics
['amendment of Charge' 'duplicity' 'consent to Institute Proceedings' 'continuing Offence' 'pollution of Waters']
['environmental Law' 'criminal Procedure'] ['amendment of Charge' 'duplicity' 'consent to Institute Proceedings' 'continuing Offence' 'pollution of Waters']

Case Brief

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Procedural Posture

Environmental Prosecution Alleging Pollution of Waters / Notice of Motion by Prosecutor to Amend the Dates in the Charge

Legal Issues

  1. 1 ['Whether the Court had power to amend the summons to substitute 4 August 1997 and 17 September 1997 for 25 August 1997 and 12 September 1997 as the dates of the alleged continuing offence.' 'Whether the proposed amendment would make the charge bad for duplicity by incorporating separate and distinct activity.' 'Whether further written consent was required under s 13(1) of the Environmental Offences and Penalties Act 1989 for the amended charge.']

Ratio Decidendi

The proposed amendment merely altered particulars of the dates of the same alleged continuous pollution offence and did not, on its face, create a duplicitous charge or a fresh charge requiring further consent. The Court therefore had power to permit the amendment and the existing consent under s 13(1) was sufficient.

Court Disposition

Prosecutor's application to amend the summons granted.

Orders

  • ['The summons is amended by deleting the words in the charge "On or about 25 August 1997 and continuing on each day thereafter until about 12 September 1997," and substituting the words "On or about 4 August 1997 and continuing on each day thereafter until about 17 September 1997,"' 'Costs of the Notice of Motion...