Environment Protection Authority v Riverina (Australia) Pty Ltd [2014] NSWLEC 190

Environment Protection Authority v Riverina (Australia) Pty Ltd [2014] NSWLEC 190

The summons is bad for duplicity as it alleges two separate manners of contravention (one under s 257 as occupier, one through direct placement of pollutant) giving rise to separate offences within one charge; the prosecutor must elect to amend the summons to cure the duplicity or face the summons being struck out.

Jurisdiction
Australia
Judgment Date
05 December 2014
Procedural Posture
Interlocutory Application (criminal Prosecution, Class 5) / Ruling on Application to Set Aside Summons for Duplicity
Outcome
Summons held bad for duplicity; Prosecutor to elect to remove duplicity or summons to be struck out.
Legal Topics
['duplicity in Criminal Pleadings' 'particularisation of Criminal Charges' 'water Pollution Offence' 'protection of the Environment Operations Act 1997' 'judicial Procedure Interlocutory Applications']
['environmental Law' 'criminal Law' 'administrative Law'] ['duplicity in Criminal Pleadings' 'particularisation of Criminal Charges' 'water Pollution Offence' 'protection of the Environment Operations Act 1997' 'judicial Procedure Interlocutory Applications']

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Procedural Posture

Interlocutory Application (criminal Prosecution, Class 5) / Ruling on Application to Set Aside Summons for Duplicity

Legal Issues

  1. 1 ['Whether the summons is bad for duplicity with respect to the manner of contravention and scope of pollutant as particularised' 'Whether, if duplicitous, the appropriate remedy is to strike out the summons or require the prosecutor to elect']

Ratio Decidendi

The summons is bad for duplicity as it alleges two separate manners of contravention (one under s 257 as occupier, one through direct placement of pollutant) giving rise to separate offences within one charge; the prosecutor must elect to amend the summons to cure the duplicity or face the summons being struck out.

Court Disposition

Summons held bad for duplicity; Prosecutor to elect to remove duplicity or summons to be struck out.

Orders

  • ['The EPA is directed to elect which of the matters alleged in the particulars of the manner of contravention in the summons it proposes to pursue.']