Environment Protection Authority v Moolarben Coal Operations Pty Ltd [2011] NSWLEC 36

Environment Protection Authority v Moolarben Coal Operations Pty Ltd [2011] NSWLEC 36

The prosecutor, having acknowledged in court that it is bound by its lettered response as if it were particulars, satisfied the requirement for particulars and obviated the need for a formal order. Accordingly, the notice of motion seeking further particulars was dismissed.

Parties
Prosecutor: Environment Protection Authority; Defendant: Moolarben Coal Operations Pty Ltd
Jurisdiction
Australia
Judgment Date
11 March 2011
Procedural Posture
Criminal / Interlocutory Application (notice of Motion)
Outcome
Notice of motion dismissed
Legal Topics
Particulars of Charge, Practice and Procedure
Environmental Law Criminal Procedure Particulars of Charge Practice and Procedure

Case Brief

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Parties

Environment Protection Authority

Prosecutor

Moolarben Coal Operations Pty Ltd

Defendant

Procedural Posture

Criminal / Interlocutory Application (notice of Motion)

Legal Issues

  1. 1 Whether the prosecutor is obliged to provide further and better particulars of the manner of contravention alleged in criminal proceedings under environmental legislation.

Ratio Decidendi

The prosecutor, having acknowledged in court that it is bound by its lettered response as if it were particulars, satisfied the requirement for particulars and obviated the need for a formal order. Accordingly, the notice of motion seeking further particulars was dismissed.

Court Disposition

Notice of motion dismissed

Orders

  • Defendant's notice of motion of 25 February 2011 is dismissed.
  • The costs of the notice of motion will be the defendant's costs in the substantive proceedings.