Environment Protection Authority v Moama Refinery Pty Limited [2003] NSWLEC 144

Environment Protection Authority v Moama Refinery Pty Limited [2003] NSWLEC 144

The Fines Act 1996 applies to the penalty and costs imposed by the Land and Environment Court. Section 7 does not confer power on the judge imposing the fine to order payment after the 28 day period fixed by s 7(1) or to order payment by instalments; those powers are conferred on the Registrar by s 10. Accordingly the judge lacked power to grant the Defendant's application for time to pay or instalment payment.

Jurisdiction
Australia
Judgment Date
19 December 2002
Procedural Posture
Prosecution for an Offence / Application After Conviction and Imposition of Penalty for Time to Pay the Penalty and Costs
Outcome
The Court held that the judge did not have power to extend time for payment of the fine or order payment by instalments, but made additional orders concerning a formal application for time to pay and payment by instalments.
Legal Topics
['power of Judge to Extend Time for Payment of Fine' 'payment of Fines and Costs' "registrar's Powers Under the Fines Act 1996"]
['practice and Procedure' 'environmental Law'] ['power of Judge to Extend Time for Payment of Fine' 'payment of Fines and Costs' "registrar's Powers Under the Fines Act 1996"]

Case Brief

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Procedural Posture

Prosecution for an Offence / Application After Conviction and Imposition of Penalty for Time to Pay the Penalty and Costs

Legal Issues

  1. 1 ['Whether a judge imposing a penalty on conviction has power to extend time for payment of the penalty and costs beyond the time fixed by the Fines Act 1996.' 'Whether the judge has power to order payment of the fine by instalments.']

Ratio Decidendi

The Fines Act 1996 applies to the penalty and costs imposed by the Land and Environment Court. Section 7 does not confer power on the judge imposing the fine to order payment after the 28 day period fixed by s 7(1) or to order payment by instalments; those powers are conferred on the Registrar by s 10. Accordingly the judge lacked power to grant the Defendant's application for time to pay or instalment payment.

Court Disposition

The Court held that the judge did not have power to extend time for payment of the fine or order payment by instalments, but made additional orders concerning a formal application for time to pay and payment by instalments.

Orders

  • ['The Defendant file any formal application in respect of time to pay the penalty and payment by instalment of the penalty within 28 days.' 'In the event of such application being so made, the penalty in these proceedings is not payable by the Defendant until any application in respect of time to pay and payment by...