Wyong Shire Council v Thomas Hughes Homes Pty Limited [2001] NSWLEC 107

A local council is not 'Any person' for the purpose of s 219 of the Protection of the Environment Operations Act 1997 due to specific power given in ss 217 and 218; no leave under s 219 was granted, so the prosecutor cannot rely on this section to support the prosecution.

Jurisdiction: Australia
Judgment Date: 13 June 2001
Procedural Posture: Prosecution for Environmental Offence / Motion to Set Aside Earlier Judgment
Outcome: Amended notice of motion dismissed
Legal Topics: ['prosecution Under Protection of the Environment Operations Act 1997' 'leave to Institute Proceedings' 'statutory Interpretation' 'transitional Provisions Following Repeal']

['environmental Law'] ['prosecution Under Protection of the Environment Operations Act 1997' 'leave to Institute Proceedings' 'statutory Interpretation' 'transitional Provisions Following Repeal']

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Procedural Posture

Prosecution for Environmental Offence / Motion to Set Aside Earlier Judgment

Legal Issues

1 ['Whether Wyong Shire Council as a local authority can rely on s 219 of the Protection of the Environment Operations Act 1997 to institute proceedings with leave of the Court' 'Whether leave was granted to institute the prosecution pursuant to s 13 of the Environmental Offences and Penalties Act 1989 or s 219 of the Protection of the Environment Operations Act 1997']

Ratio Decidendi

Court Disposition

Amended notice of motion dismissed

Orders

['The amended notice of motion of the prosecutor filed on 14 February 2001 be dismissed.' 'Costs be reserved.']