Moore v Environment Protection Authority (No 2) [2021] NSWLEC 146

Land and Environment Court New South Wales

Medium Neutral Citation: Moore v Environment Protection Authority (No 2) [2021] NSWLEC 146 Hearing dates: 22, 25 March 2021 and 1 June 2021 (written submissions); 23 August 2021; 11 October 2021 (further written submissions) Date of orders: 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Class 6 Before: Pain J Decision: The Court orders: (1) The sentencing appeal of proceedings 18/267754 in the Local Court is dismissed pursuant to s 39(2)(c) of the Crimes (Appeal and Review) Act 2001 (NSW). (2) The Appellant must pay the Respondent's costs of the conviction appeal Moore v Environment Protection Authority [2021] NSWLEC 87 as agreed or assessed. (3) The Appellant must pay the Respondent's costs of the sentencing appeal of proceedings 18/267754 in the Local Court as agreed or assessed. Catchwords: APPEAL – appeal against sentence imposed in Local Court for offence of causing injury with pesticide use – injury to individual travelling on public road from spraying of pesticide on appellant's macadamia farm – strict liability offence – application of s 10(1)(b) Crimes (Sentencing Procedure) Act 1999 not appropriate – appeal dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 31, 39, 49 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 9, 10, 21A Crimes Act 1900 (NSW), s 556A (former) Pesticides Act 1999 (NSW), ss 3, 9, 10, 109, 111 Cases Cited: Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357 Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Environment Protection Authority v Leafair Pty Ltd [2007] NSWLEC 228 Environment Protection Authority v Rohan John Williams [2006] NSWLEC 722 Environment Protection Authority v Sanders & Associates Pty Limited [2003] NSWLEC 186 Franks v Woollahra Municipal Council [2007] NSWLEC 461 Moore v Environment Protection Authority [2021] NSWLEC 87 Moseley v Queanbeyan-Palerang Regional Council (No 2) [2017] NSWLEC 52 Parker v Director of Public Prosecutions (1992) 28 NSWLR 282 R v Ingrassia (1997) 41 NSWLR 447 R v Mauger [2012] NSWCCA 51 R v Paris [2001] NSWCCA 83 R v Nguyen [2002] NSWCCA 183 Ryan v The Queen (2001) 206 CLR 267; [2001] HCA 21 Texts Cited: Australian Macadamia Society's Best Practice Guidelines for the Application of Chemicals in Macadamia Orchards (July 2011) ChemCert Australia's Chemical Users Handbook Commonwealth Primary Industries Standing Committee's Spray Drift Management: Principles Strategies and Supporting Information (October 2002) NSW Judicial Commission, Sentencing Bench Book (as at 23 February 2021) Category: Sentence Parties: William Robert Moore (Appellant) Environment Protection Authority (Respondent) Representation: Counsel: S Anderson (Appellant) E Anderson (Respondent)