Chief Executive, Office of Environment and Heritage v Wickman [2020] NSWLEC 23

Chief Executive, Office of Environment and Heritage v Wickman [2020] NSWLEC 23

Time under s 42(4) Native Vegetation Act 2003 only commenced when all essential elements of the offence (clearing of native vegetation, absence of statutory approval, and responsibility) came to the attention of an authorised officer, which occurred on 22 March 2017. The evidence relied on by Mr Wickman did not demonstrate that proceedings were commenced out of time; thus, his notices of motion to set aside the summonses must be dismissed.

Jurisdiction
Australia
Judgment Date
20 March 2020
Procedural Posture
Criminal Prosecution (environmental Offence) / Notice of Motion to Set Aside Summonses (determination)
Outcome
Notices of motion dismissed
Legal Topics
['statutory Interpretation' 'limitation Periods' 'native Vegetation Clearing' 'commencement of Proceedings for Environmental Offences']
['environmental Law' 'criminal Law'] ['statutory Interpretation' 'limitation Periods' 'native Vegetation Clearing' 'commencement of Proceedings for Environmental Offences']

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Procedural Posture

Criminal Prosecution (environmental Offence) / Notice of Motion to Set Aside Summonses (determination)

Legal Issues

  1. 1 ['Whether the charges against Mr Wickman for unlawful clearing of native vegetation are statute barred under s 42(4) Native Vegetation Act 2003' "Proper construction of 'evidence of the alleged offence' that 'first came to the attention of an authorised officer' under s 42(4) NVA" 'Whether all elements or particulars of the offence must be known to the authorised officer for time to begin under s 42(4) NVA']

Ratio Decidendi

Time under s 42(4) Native Vegetation Act 2003 only commenced when all essential elements of the offence (clearing of native vegetation, absence of statutory approval, and responsibility) came to the attention of an authorised officer, which occurred on 22 March 2017. The evidence relied on by Mr Wickman did not demonstrate that proceedings were commenced out of time; thus, his notices of motion to set aside the summonses must be dismissed.

Court Disposition

Notices of motion dismissed

Orders

  • ['Notices of motion dismissed' 'Exhibits are to be returned' 'Matters listed for further directions before the List Judge on 27 March 2020']