Water NSW v Faulkner [2016] NSWLEC 17

Land and Environment Court New South Wales

Medium Neutral Citation: Water NSW v Faulkner [2016] NSWLEC 17 Hearing dates: 8 - 10 February 2016 Date of orders: 11 March 2016 Decision date: 11 March 2016 Jurisdiction: Class 5 Before: Preston CJ Decision: Each summons is dismissed Catchwords: OFFENCES – prosecution – unlawful transportation and deposition of waste in catchment area – defendant pleads not guilty – whether defendant deposited waste in catchment area – whether deposition of waste by defendant in catchment area only reasonable conclusion on established facts – not established that deposition of waste by defendant in catchment area only reasonable conclusion – finding that reasonable alternative conclusion open – defendant acquitted

PRACTICE AND PROCEDURE – jurisdiction – whether court has jurisdiction concerning offences under repealed regulation – whether court's jurisdiction lost by consequential amendment of Land and Environment Court Act 1979 – whether s 30(1) of Interpretation Act 1987 preserved court's jurisdiction – finding that court has jurisdiction

PRACTICE AND PROCEDURE – authority to prosecute – whether prosecutor has authority to prosecute offence under Protection of the Environment Operations Act 1997 – prosecutor has authority to prosecute offences involving "relevant non-scheduled activities" – whether activity subject of offence a "relevant non-scheduled activity" – finding

that activity was a "relevant non-scheduled activity" – finding that prosecutor has authority Legislation Cited: Interpretation Act 1987 s 30(1), 30(1)(c), 30(1)(e) Land and Environment Court Act 1979 s 21(a1) Protection of the Environment Operations Act 1997, ss 47, 47(3), 143, 143(1), 143(3C), 217, 217(1), 217(2), Sch 1 cl 39(1) Sydney Water Catchment Management Act 1998 Water NSW Act 2014