Minister administering the Ports Corporatisation and Waterways Management Act 1995 v Hakim [2005] NSWLEC 92

Minister administering the Ports Corporatisation and Waterways Management Act 1995 v Hakim [2005] NSWLEC 92

The defendant, by obtaining development consent, facilitating site works, and failing to prevent excavation without a permit, caused or allowed excavation, and failed to comply with a stop work order; strict liability applies, and statutory defences are not established, resulting in conviction.

Jurisdiction
Australia
Judgment Date
07 April 2005
Procedural Posture
Criminal / Judgment of Guilt, Orders for Penalty Submissions
Outcome
Offences proved against defendant; proceedings referred to Registrar for penalty submission hearing.
Legal Topics
['environmental Offences' 'excavation Without Permit' 'foreshore Protection' 'strict Liability' 'defences Under Rivers and Foreshores Improvement Act' 'statutory Interpretation']
['environmental Law' 'criminal Law'] ['environmental Offences' 'excavation Without Permit' 'foreshore Protection' 'strict Liability' 'defences Under Rivers and Foreshores Improvement Act' 'statutory Interpretation']

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Procedural Posture

Criminal / Judgment of Guilt, Orders for Penalty Submissions

Legal Issues

  1. 1 ['Whether defendant committed offence under s 22B(2) Rivers and Foreshores Improvement Act 1948 by making excavation on protected land without permit' 'Whether defendant failed to comply with stop work order under s 22D(1) Rivers and Foreshores Improvement Act 1948' "Interpretation of 'cause' and 'allow' in definition of 'make an excavation'" 'Whether statutory defences under s 22B(3)(a) (without control, reasonable precautions, due diligence) are established']

Ratio Decidendi

The defendant, by obtaining development consent, facilitating site works, and failing to prevent excavation without a permit, caused or allowed excavation, and failed to comply with a stop work order; strict liability applies, and statutory defences are not established, resulting in conviction.

Court Disposition

Offences proved against defendant; proceedings referred to Registrar for penalty submission hearing.

Orders

  • ['Proceedings referred to Registrar for allocation of hearing date for penalty submissions.']