Water NSW v Faulkner [2015] NSWLEC 158

Land and Environment Court New South Wales

Medium Neutral Citation: Water NSW v Faulkner [2015] NSWLEC 158 Hearing dates: 7 October 2015 Date of orders: 08 October 2015 Decision date: 08 October 2015 Jurisdiction: Class 5 Before: Moore AJ Decision: See orders at [73] Catchwords: SUMMONS – applications to amend – each summons referred to a regulation not in effect at the time of the offence charged in the summons – each alleged offence pleaded, except for the nomination of the relevant regulation, in terms that would, relevantly, have applied had the earlier repealed regulation been pleaded – amendments sought to specify correct regulation in each summons – whether proposed amendments are to any "essential factual ingredient" of the relevant charge – whether fresh charges if amendment permitted- if fresh charges, are they time barred – no change to any "essential factual ingredient" of the relevant charge – amended charges do not amount to charging fresh offences – leave granted for amended summonses. Legislation Cited: Criminal Procedure Act 1986 ss 11, 16(2), 20(1), 21(1), 247K Environmental Planning and Assessment Act 1979 ss 76A, 76B Justices Act 1902 s 65 Land and Environment Court Act 1979 ss 16(1), 21(a1) Local Government (Planning and Environment) Act 1990 (Qld) s 2.24(3)(e) Protection of the Environment Operations Act 1997 Sydney Water Catchment Management Act 1998 s 69 Water NSW Act 2014 s 101, Sch 2 cll 23, 24 Sydney Catchment Management Regulation 2008 cl 15(1) Sydney Water Catchment Management Regulation 2013 cl 16(1) Water NSW Regulation 2013 cl 35 Cases Cited: Boral Gas (NSW) Pty Ltd v Magill (1993) 32 NSWLR 501 CSR Ltd v Pine Rivers Shire Council & Ors (1993) 82 LGERA 110 Ex parte Lovell; Re Buckley & Anor (1938) 38 SR(NSW) 153 Knaggs v Direction of Public Prosecutions (NSW) & Anor [2007] NSWCA 83; 170 A Crim R 366 Lodhi v R [2006] NSWCCA 121 Marrickville Council v Danias & Ors [2002] NSWLEC 49 Wehbee v Voulgarakis (1991) 9 Petty Sessions Review 4363 Category: Procedural and other rulings Parties: Water NSW (Prosecutor) Craig Stuart Faulkner (Defendant) Representation: Counsel: D Jordan SC and A Isaacs (Prosecutor) T Howard SC (Defendant)