Environment Protection Authority v Central Coast Council [2020] NSWLEC 157

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Central Coast Council [2020] NSWLEC 157 Hearing dates: 17 and 18 November 2020 Date of orders: 18 November 2020 Decision date: 19 November 2020 Jurisdiction: Class 5 Before: Moore J Decision: See rulings at [14] Catchwords: EVIDENCE - admissibility - exceptions to the hearsay rule provided by s 87(1)(b) of the Evidence Act 1995 (NSW) (the Evidence Act) - alleged admission - whether alleged admission was made with authority for the purposes of s 87(1)(b) of the Evidence Act - alleged admission not made with authority - whether alleged admission was made within the scope of the maker's employment for the purposes of s 87(1)(b) of the Evidence Act - alleged admission not made within the scope of the maker's employment - alleged admission not an admission able to be relied upon because neither limb of s 87(1)(b) of the Evidence Act satisfied - evidence rejected - consequential rejection of further evidence that was contingent on acceptance of rejected "admission" Legislation Cited: Evidence Act 1995, s 87(1)(b) and Dictionary Pesticides Act 1999, ss 10(1)(a) and 111(1) Cases Cited: Environment Protection Authority v Warwick Ronald McInnes [2020] NSWLEC 37 Environment Protection Authority v Warwick Ronald McInnes (No 2) [2020] NSWLEC 147 Texts Cited: Land and Environment Court's COVID-19 Pandemic Arrangements Policy Category: Procedural and other rulings Parties: Environment Protection Authority (Prosecutor) Central Coast Council (Defendant) Representation: Counsel: Dr S Pritchard SC/Ms G Lewer and Mr D Bhutani, barristers (Prosecutor) Mr T Howard SC/Mr J Lee, barrister (Defendant)