Newcastle City Council v Pace Farm Egg Products Pty Limited [2005] NSWLEC 139

Newcastle City Council v Pace Farm Egg Products Pty Limited [2005] NSWLEC 139

The proposed amendments identifying stormwater drainage pipes and pits between the Defendant's land and the Warabrook Lagoon and drainage pipes and pits on the Defendant's land would introduce additional waters whose identity was an essential legal ingredient of the s 120 offence. Each identified water constituted a separate offence, so the amendments, apart from the description of the pollutant, would be duplicitous and were refused.

Jurisdiction
Australia
Judgment Date
22 February 2005
Procedural Posture
Prosecution for Alleged Pollution of Waters Under S 120 of the Protection of the Environment Operations Act 1997 / Notice of Motion Seeking Leave to Amend the Charge and Particulars in the Order and Summons
Outcome
The Prosecutor's Notice of Motion dated 12 January 2005 was refused except for the part of the amended summons relating to the description of the pollutant.
Legal Topics
['pollution of Waters' 'amendment of Summons' 'duplicity' 'limitation Period' 'essential Legal Elements of Offence']
['environmental Law' 'criminal Law' 'practice and Procedure'] ['pollution of Waters' 'amendment of Summons' 'duplicity' 'limitation Period' 'essential Legal Elements of Offence']

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Procedural Posture

Prosecution for Alleged Pollution of Waters Under S 120 of the Protection of the Environment Operations Act 1997 / Notice of Motion Seeking Leave to Amend the Charge and Particulars in the Order and Summons

Legal Issues

  1. 1 ['Whether the proposed amendments to the summons were duplicitous by identifying additional waters allegedly polluted.' 'Whether the waters alleged to be polluted are an essential legal element of an offence under s 120 of the Protection of the Environment Operations Act 1997 or merely a factual ingredient.' 'Whether the proposed amendments were statute barred by the 12 month limitation period under s 216 of the Protection of the Environment Operations Act 1997.']

Ratio Decidendi

The proposed amendments identifying stormwater drainage pipes and pits between the Defendant's land and the Warabrook Lagoon and drainage pipes and pits on the Defendant's land would introduce additional waters whose identity was an essential legal ingredient of the s 120 offence. Each identified water constituted a separate offence, so the amendments, apart from the description of the pollutant, would be duplicitous and were refused.

Court Disposition

The Prosecutor's Notice of Motion dated 12 January 2005 was refused except for the part of the amended summons relating to the description of the pollutant.

Orders

  • ["The Prosecutor's Notice of Motion dated 12 January 2005 ought be refused, except that part of the amended summons which relates to the description of the pollutant."]