Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2018] NSWCCA 202

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2018] NSWCCA 202 Hearing dates: 16 March 2018 Date of orders: 21 September 2018 Decision date: 21 September 2018 Before: Bathurst CJ at [1]; Fullerton J at [63]; Campbell J at [64] Decision: (1) Answer the questions submitted to the Court pursuant to s 5AE of the Criminal Appeal Act 1912 (NSW) as follows:

Question 1: Did I err in finding that the charge in Summons 16/381473 alleging a breach of Condition 1 of the consent was a charge that it was not open to lay, because the terms of Condition 1 (by its incorporation of the Statement of Environmental Effects) provided a limitation on the capacity of the plant rather than on the actual operation of the plant to produce not in excess of 150 tonnes per day as this limitation is an obligation only found in the terms of Condition 4?

Answer: No.

Question 2: Did I err in finding that the charge in Summons 16/381474 was bad for duplicity, because it nominated a range of dates on which the offending conduct being a breach of Condition 4 is alleged to have occurred rather than only a single day?

Answer: No.

Question 3: Did I err in finding that the charge in Summons 16/381475 was bad for duplicity, because it nominated a range of dates on which the offending conduct being a breach of Condition 6 is alleged to have occurred rather than only a single day at any one time?

Answer: No.

(2) Remit the application to the Land and Environment Court of New South Wales to be dealt with according to law.