Secretary, Department of Planning and Environment v Harris; Secretary, Department of Planning and Environment v Harris; Secretary, Department of Planning and Environment v Balmoral Farms Pty Ltd; Secretary, Department of Planning and Environment v JP & LR Harris Pty Ltd; Secretary, Department of Planning and Environment v Woolondoon Pty Ltd [2024] NSWLEC 43

Land and Environment Court New South Wales

Medium Neutral Citation: Secretary, Department of Planning and Environment v Harris; Secretary, Department of Planning and Environment v Harris; Secretary, Department of Planning and Environment v Balmoral Farms Pty Ltd; Secretary, Department of Planning and Environment v JP & LR Harris Pty Ltd; Secretary, Department of Planning and Environment v Woolondoon Pty Ltd [2024] NSWLEC 43 Hearing dates: 12, 18 April 2024, further written submission 22 April 2024 Decision date: 24 April 2024 Jurisdiction: Class 5 Before: Pain J Decision: See below in [45]. Catchwords: CRIMINAL PROCEDURE – case management of prosecutor's evidence in contested criminal trials – whether leave to rely on amended s 247E notice and additional affidavit and new expert reports should be given nine months after trial dates set – exercise of discretion to refuse leave to rely on new expert reports Legislation Cited: Biodiversity Conservation Act 2016 (NSW), ss 13.4, 13.31, 13.32 Criminal Procedure Act 1986 (NSW), Div 2A Pt 5 Ch 4, ss 247E, 247J Land and Environment Court Act 1979 (NSW), s 68 Local Land Services Act 2013 (NSW), s 60N Native Vegetation Act 2003 (NSW), s 12 (repealed) Cases Cited: Sutherland Shire Council v Benedict Industries Pty Ltd [2013] NSWLEC 121 Sutherland Shire Council v Benedict Industries Pty Ltd (No 3) [2015] NSWLEC 97 Secretary, Department of Planning and Environment v Namoi Valley Farms Pty Ltd (No 6) [2022] NSWLEC 62 Category: Procedural rulings Parties: Secretary, Department of Planning and Environment (Prosecutor) Phillip John Harris (Defendant, 2021/69585-88) Sue Ellen Harris (Defendant, 2021/69598-601) Balmoral Farms Pty Ltd (Defendant, 2021/69608-13) JP & LR Harris Pty Ltd (Defendant, 2021/69629) Woolondoon Pty Ltd (Defendant, 2021/69633) Representation: Counsel: G Wright SC (Prosecutor) J Rogers with B Gallifuoco (Defendants, 12 April 2024) J M Ireland KC with A Connolly (Defendants, 18 April 2024)