Environment Protection Authority V Shell Co of Australia Ltd (No 2) [1999] NSWLEC 287

Environment Protection Authority V Shell Co of Australia Ltd (No 2) [1999] NSWLEC 287

Evidence regarding the EPA's prior general knowledge of matters such as the propensity for underground tanks to leak does not amount to evidence of the offence—that is, evidence of an act or omission constituting the offence—therefore, it is not admissible in determining when evidence of the offence first came to the attention of an authorised officer.

Jurisdiction
Australia
Judgment Date
08 November 1999
Procedural Posture
Proceedings for Environmental Offence / Judgment on Admissibility of Evidence
Outcome
objection upheld, evidence not admissible
Legal Topics
['admissibility of Evidence' 'statutory Limitation Period' 'negligent Environmental Harm']
['environmental Law' 'criminal Law'] ['admissibility of Evidence' 'statutory Limitation Period' 'negligent Environmental Harm']

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Procedural Posture

Proceedings for Environmental Offence / Judgment on Admissibility of Evidence

Legal Issues

  1. 1 ["admissibility of evidence regarding EPA's knowledge of matters relevant to charge of negligence" 'relevance of evidence to statutory period of limitation']

Ratio Decidendi

Evidence regarding the EPA's prior general knowledge of matters such as the propensity for underground tanks to leak does not amount to evidence of the offence—that is, evidence of an act or omission constituting the offence—therefore, it is not admissible in determining when evidence of the offence first came to the attention of an authorised officer.

Court Disposition

objection upheld, evidence not admissible

Orders

  • []