NSW Caselaw
Reported Decision : 106 LGERA 78
Land and Environment Court of New South Wales CITATION: Environment Protection Authority V Shell Co of Australia Ltd (No 3) [1999] NSWLEC 288
PARTIES PROSECUTOR Environment Protection Authority
DEFENDANT Shell Co of Australia Ltd
NUMBER: 50071 of 1997
CORAM: Bignold J
KEY ISSUES: Environmental Offences :- Environmental offences- whether proceedings commenced within statutory limitation period - statutory presumption - who has onus to establish to the contrary?
LEGISLATION CITED: Environmental Offences and Penalties Act 1989 s 12(3)
DATES OF HEARING: 11/05/1999; 11/08/1999; 11/09/1999; 11/10/1999
DATE OF JUDGMENT DELIVERY: 11/15/1999
PROSECUTOR Mr D Buchanan SC with Mr D Jordan, Barrister
SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Mr N Hemmings QC with Mr I Hemmings Barrister
SOLICITORS Coudert Bros
JUDGMENT: IN THE LAND AND Matter No . 50071 of 1997 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 15 November 1999
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