Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2017] NSWLEC 109

Land and Environment Court New South Wales

Medium Neutral Citation: Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2017] NSWLEC 109 Hearing dates: 24 March and 3 May 2017 Date of orders: 25 August 2017 Decision date: 25 August 2017 Jurisdiction: Class 5 Before: Moore J Decision: See: • [114] - Matter No 381473 of 2016; • [115] - Matter No 381474 of 2016; and • [116] - Matter No 381475 of 2016. Catchwords: PROSECUTION - three criminal proceedings commenced alleging breaches of conditions of development consent - Notice of Motion by Defendant seeking striking out of all charges - Charge 1 defective as not disclosing an offence founded on the pleaded condition of development consent - Charge 1 not amenable to amendment - Charge 1 struck out - Charges 2 and 3 said to be founded on a "course of conduct" by the Defendant - Johnson v Miller error in each charge - each charge potentially amenable to amendment - Charges 2 and 3 adjourned to permit Prosecutor to consider seeking leave to amend SUBPOENAS - Notice of Motion by Defendant seeking setting aside of subpoenas - consideration of subpoenas in Charge 2 and 3 matters adjourned until after the issue of any proposed amendment of these charges is determined - no access to produced material pending further consideration after any amendments to charges dealt with Legislation Cited: Criminal Appeal Act 1912, s 5A Criminal Procedure Act 1996, ss 20 and 21 Environmental Planning and Assessment Act 1979, ss 76A(1)(b), 125(1) and 127 Environmental Planning and Assessment Regulation 2000, Sch 3 Cases Cited: Azar Building and Construction Services Pty Ltd v Transport Infrastructure Development Corporation [2010] NSWLEC 110 Environment Protection Authority v Truegain Pty Ltd (2013) 85 NSWLR 125; [2013] NSWCCA 204 ICAP Australia Pty Ltd v BGC Partners (Australia) Pty Ltd [2009] NSWCA 307 Johnson v Miller (1937) 59 CLR 467 National Employers' Mutual General Insurance Association Ltd v Waind and Hill [1978] 1 NSWLR 372 Portal Software v Bodsworth [2005] NSWSC 1115 Walsh v Tattersall (1996) 188 CLR 77; [1996] HCA 26 Texts Cited: Archbold: Criminal Pleading, Evidence and Practice, 2013, Sweet & Maxwell Category: Procedural and other rulings Parties: Snowy Monaro Regional Council (Prosecutor) Tropic Asphalts Pty Ltd (Defendant) Representation: Counsel: Mr C Ireland, barrister (Prosecutor) Mr T Hale SC and Ms Meaghan Fleetwood, barrister (Defendant)