Natural Resources Access Regulator v Lidokew Pty Ltd [2023] NSWLEC 130

Natural Resources Access Regulator v Lidokew Pty Ltd [2023] NSWLEC 130

The Prosecutor failed to establish beyond reasonable doubt that Lidokew Pty Ltd took water in excess of its licensed allocation, due to unreliable expert evidence and unresolved reasonable alternatives regarding water use and sources. However, the prosecution proved that the metering equipment was not operating properly within the statutory meaning, as error rates exceeded the accepted margin and constituted material under-recording, not excused by fair wear and tear. The defendant did not prove the defence of honest and reasonable mistake of fact.

Jurisdiction
Australia
Judgment Date
28 November 2023
Procedural Posture
Prosecution for Environmental Offences / Principal Judgment After Trial
Outcome
Water Take Charges dismissed; Metering Charges proven against the defendant
Legal Topics
['water Management Act Offences' 'metering Equipment Operation' 'water Allocation Compliance' 'circumstantial Evidence' 'mistake of Fact Defence']
['environmental Law' 'water Law' 'criminal Law'] ['water Management Act Offences' 'metering Equipment Operation' 'water Allocation Compliance' 'circumstantial Evidence' 'mistake of Fact Defence']

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Procedural Posture

Prosecution for Environmental Offences / Principal Judgment After Trial

Legal Issues

  1. 1 ['Whether the defendant took water otherwise than in accordance with its access licence' "Whether the defendant's metering equipment was not operating properly" "The meaning of 'not operating properly' in the statutory context" 'Whether an honest and reasonable mistake of fact defence applied']

Ratio Decidendi

The Prosecutor failed to establish beyond reasonable doubt that Lidokew Pty Ltd took water in excess of its licensed allocation, due to unreliable expert evidence and unresolved reasonable alternatives regarding water use and sources. However, the prosecution proved that the metering equipment was not operating properly within the statutory meaning, as error rates exceeded the accepted margin and constituted material under-recording, not excused by fair wear and tear. The defendant did not prove the defence of honest and reasonable mistake of fact.

Court Disposition

Water Take Charges dismissed; Metering Charges proven against the defendant

Orders

  • ['The water take offence proceedings (2020/187127, 2021/181935, 2021/181936) are dismissed.' 'The defendant is convicted on the Metering Charges (2020/88368, 2020/88369, 2020/88370) under s 91I(2) of the Water Management Act for failing to ensure metering equipment operated properly.' 'Matter listed for mention for...