Environment Protection Authority v Riverina (Australia) Pty Ltd (No 2) [2015] NSWCCA 252

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Environment Protection Authority v Riverina (Australia) Pty Ltd (No 2) [2015] NSWCCA 252 Hearing dates: On Written Submissions Date of orders: 16 September 2015 Decision date: 16 September 2015 Before: Hoeben CJ at CL at [1] Hall J at [2] Garling J at [27] Decision: (1) The proceedings be remitted to the Land and Environment Court of New South Wales.

(2) The appellant, the Environment Protection Authority, is to pay the costs of the respondent, Riverina Australia Pty Ltd of the proceedings in this Court. Catchwords: APPEAL – Costs – Stated case under s 5AE Criminal Appeal Act from Land and Environment Court of New South Wales – Principal proceedings initiated by appellant (the Environment Protection Authority) challenging rulings by that Court that Summons was duplicitous - Successful respondent sought costs of appeal and costs of proceedings in the Land and Environment Court - Respondent entitled to costs of appeal but costs of the proceedings below are in the discretion of the trial judge subject to the relevant statutory rules and not the Court of Criminal Appeal.

APPEAL – Ancillary orders – The questions raised in the case stated having been answered by the Court of Criminal Appeal, an order remitting proceedings to the Land and Environment Court is not necessary – That court has sufficient trial management powers to resume proceedings after stated case resolved – However remittal order made in this case on the basis of agreement by both parties. Legislation Cited: Criminal Appeal Act 1912 Criminal Procedure Act 1986 Protection of the Environment Operation Act 1997 Cases Cited: Clyne v Wrigley (1980) 1 NSWLR 599 Director-General, NSW Department of Industry and Investment v Mato Investments Pty Ltd [2014] NSWCCA 132 Environment Protection Authority v Riverina Australia Pty Ltd [2015] NSWCCA 16 Environment Protection Authority v Goulburn Wool Scour Pty Ltd [2004] NSWCCA 439 EPA v Riverina [2014] NSWLEC 191 Garrett v Freeman [2006] NSWCCA 278 Latoudis v Casey (1990) 170 CLR 534 Liverpool City Council v Maller Holdings Pty Ltd t/as Sydney Horse Transport [2014] NSWCCA 299 McConnell Dowell Constructors (Aust) Pty Ltd v Environment Protection Authority [2000] NSWCCA 367. Nash v Glennies Creek Coal Management Pty Ltd (No 6) [2014] NSWIRComm 36 NSW Food Authority v Nutricia Australia Pty Ltd (2008) 253 ALR 133 R v JS (No 2) [2007] NSWCCA 309 Robinson v Woolworths Ltd [2005] NSWCCA 426 Sasterawan v Morris (No 2) [2007] NSWCCA 341 Taylor v Environment Protection Authority [2000] 50 NSWLR 48 Category: Costs Parties: Environment Protection Authority (Appellant) Riverina (Australia) Pty Ltd (Respondent) Representation: Counsel: JL Glissan QC; M England (Appellant) C Ireland (Respondent)