Natural Resources Access Regulator v Littore [2024] NSWLEC 53

Land and Environment Court New South Wales

Medium Neutral Citation: Natural Resources Access Regulator v Littore [2024] NSWLEC 53 Hearing dates: 6, 7 and 15 and 18 December (further written submissions) Date of orders: 17 May 2024 Decision date: 17 May 2024 Jurisdiction: Class 5 Before: Pepper J Decision: Notice of motion dismissed. See orders at [162]. Catchwords: ENVIRONMENTAL OFFENCES: whether summonses statute barred because evidence of the alleged offence first came to the attention of any relevant authorised officer more than three years prior to the date upon which the proceedings were commenced – legal principles – who was a relevant authorised officer – whether evidence that came to the attention of a person prior to the person being appointed as an authorised officer is relevant – whether mere suspicion or belief sufficient – prosecutions commenced within time. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 125, 127 National Parks and Wildlife Act 1974, s 190 Native Vegetation Act 2003, s 42 Protection of the Environment Operations Act 1997, ss 115, 216 Water Management Act 2000, ss 3, 91B, 60C, 85, 327, 336C, 338A, 339, 339B, 339C, 340, 340A, 364, 390, Ch 7 Cases Cited: Aerotropolis Pty Ltd v Secretary, Department of Planning and Environment [2023] NSWCCA 195; (2023) 256 LGERA 69 Beckwith v The Queen [1976] HCA 55; (1976) 135 CLR 569 Chief Executive of the Office of Environment and Heritage v Somerville [2019] NSWLEC 155 Chief Executive, Office of Environment and Heritage v Grant Wesley Turnbull (No 3) [2019] NSWLEC 165 Chief Executive, Office of Environment and Heritage v Wickman [2020] NSWLEC 23 Cumberland Council v Younan; Oueik; H & M Renovations Pty Ltd [2018] NSWLEC 145 M&S Investments (NSW) Pty Ltd v Affordable Demolitions and Excavations Pty Ltd [2023] NSWLEC 65 M&S Investments (NSW) Pty Ltd v Affordable Demolitions and Excavations Pty Ltd [2024] NSWCA 17 Rummery v Chief Executive, Office of Environment and Heritage [2014] NSWCCA 106; (2014) 201 LGERA 428 Somerville v Chief Executive of the Office of Environment and Heritage [2020] NSWCCA 93; (2020) 246 LGERA 141 The Queen v A2 [2019] HCA 35; (2019) 269 CLR 507 Waugh v Kippen [1986] HCA 12; (1986) 160 CLR 156 Category: Principal judgment Parties: Natural Resources Access Regulator (Prosecutor) David Alan Littore (Defendant) Representation: Counsel: J Single SC with A Brown (Prosecutor) K Averre (Defendant)