NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Environment Protection Authority v Brazel (No 2) [2002] NSWLEC 26 PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: Donald William Brazel FILE NUMBER(S) : 50018 of 2001 CORAM: Talbot J KEY ISSUES: Prosecution :- duplicity - whether different consequences of one act constitutes more than one offence. LEGISLATION CITED: Clean Waters Act 1970 s 16 Protection of the Environment Operations Act 1997 Brownlie v State Pollution Control Commission (1992) 27 NSWLR 78; CASES CITED: Director of Public Prosecutions v Merriman [1973] AC 584; Environment Protection Authority v Bathurst City Council (1995) 89 LGERA 79; Khaled Hamzy (1994) 74 A Crim R 341 DATES OF HEARING: 04/03/2002 DATE OF JUDGMENT: 03/07/2002
PROSECUTOR: Mr D J Jordan (Barrister) SOLICITORS: Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT: Mr P G Maiden (Barrister) SOLICITORS: Robson & Oliver
JUDGMENT:
IN THE LAND AND Matter No. 50018 of 2001 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 7 March 2002
Environment Protection Authority Applicant v Donald William Brazel Respondent
REASONS FOR JUDGMENT
1. The parties have made further written submissions following publication of written findings in this matter on 5 February 2002.
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