Secretary, Department of Planning and Environment v Harris [2024] NSWCCA 88

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Secretary, Department of Planning and Environment v Harris [2024] NSWCCA 88 Hearing dates: 27 May 2024 Date of orders: 5 June 2024 Decision date: 05 June 2024 Before: N Adams J at [1] Sweeney J at [2] R A Hulme AJ at [88] Decision: 1. Grant leave to appeal. 2. Allow the appeal. 3. Quash the order made by Pain J on 24 April 2024 in relation to the three reports of Leo Watts and the additional report of Dr Kate Hammill and in lieu thereof, order that the prosecutor is granted leave to file and serve on the defendants an amended notice pursuant to s 247E of the Criminal Procedure Act 1986 (NSW) which includes copies of the three expert reports of Leo Watts and the further expert report of Dr Kate Hammill. Catchwords: ENVIRONMENT AND PLANNING — Offences — Clearing native vegetation — Application by prosecutor for leave to appeal against interlocutory order or judgment — Appeal from Land and Environment Court — Case management provisions Legislation Cited: Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Cases Cited: Agius v R [2011] NSWCCA 119 Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21 Environment Protection Authority v Bartter Enterprises Pty Ltd [2020] NSWLEC 78 Environment Protection Authority v Eastern Creek Operations Pty Ltd (2022) 108 NSWLR 198; [2022] NSWCCA 97 Hillsea v Joseph; McIvor v Joseph [2020] NSWCA 55 House v The King (1936) 55 CLR 499 Nicholson v R [2017] NSWCCA 38 PJ v R [2023] NSWCCA 105 PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 R v Bozatsis and Spanakakis (1997) A Crim R 296 R v Steffan (1993) 30 NSWLR 633 Secretary, Department Of Planning and Environment v Namoi Valley Farms Pty Ltd (No 6) [2022] NSWLEC 62 Sutherland Shire Council v Benedict Industries Pty Ltd [2013] NSWLEC 121 Sutherland Shire Council v Benedict Industries Pty Ltd (No 3) [2015] NSWLEC 97 Texts Cited: Nil Category: Principal judgment Parties: Secretary, Department of Planning and Environment (Applicant) Phillip John Harris; Sue Ellen Harris; Balmoral Farms Pty Ltd; JP & LR Harris Pty Ltd; Woolondoon Pty Ltd (Respondents) Representation: Counsel: T McDonald SC with T Hammond (Applicant) J Ireland KC with A Connolly (Respondents)