Environment Protection Authority V Shell Co of Australia Ltd (No 4) [1999] NSWLEC 289

Environment Protection Authority V Shell Co of Australia Ltd (No 4) [1999] NSWLEC 289

Documents furnished to the EPA by the Defendant pursuant to statutory notices cannot be regarded as involuntary and, in the absence of any further reason, should not be excluded under s 90 of the Evidence Act 1995.

Jurisdiction
Australia
Judgment Date
22 November 1999
Procedural Posture
Prosecution / Admissibility of Evidence
Outcome
Defence submission rejected; documents are admissible in evidence as admissions.
Legal Topics
['admissibility of Evidence' 'privilege Against Self Incrimination' 'statutory Notices' 'environmental Offences']
['environmental Law' 'evidence'] ['admissibility of Evidence' 'privilege Against Self Incrimination' 'statutory Notices' 'environmental Offences']

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Procedural Posture

Prosecution / Admissibility of Evidence

Legal Issues

  1. 1 ['Whether information provided by the Defendant to the Prosecutor under statutory notice should be excluded as involuntary admissions.']

Ratio Decidendi

Documents furnished to the EPA by the Defendant pursuant to statutory notices cannot be regarded as involuntary and, in the absence of any further reason, should not be excluded under s 90 of the Evidence Act 1995.

Court Disposition

Defence submission rejected; documents are admissible in evidence as admissions.

Orders

  • ['The documents are admissible in evidence as admissions within the meaning of the Evidence Act Part 3.4.']