Roads and Maritime Services v East Coast Wharf Constructions Pty Ltd; Roads and Maritime Services v King [2018] NSWLEC 182

Land and Environment Court New South Wales

Medium Neutral Citation: Roads and Maritime Services v East Coast Wharf Constructions Pty Ltd; Roads and Maritime Services v King [2018] NSWLEC 182 Hearing dates: 9 November 2018 Date of orders: 09 November 2018 Decision date: 12 November 2018 Jurisdiction: Class 5 Before: Molesworth AJ Decision: See [23]-[24] of judgment Catchwords: PRACTICE AND PROCEDURE – whether leave granted to Roads and Maritime Services (RMS) to institute a prosecution with respect to offences under the Protection of the Environment Operations Act 1997 (POEO Act) – RMS "an appropriate regulatory authority" to bring proceedings for the offence – leave granted pursuant to s 219(1A) of the POEO Act Legislation Cited: Marine Safety Act 1998 Pt 6 Div 3 Protection of the Environment Operations (General) Regulation 2009 cl 86 Protection of the Environment Operations Act 1997 ss 115, 143, 144, 169, 217, 219, Sch 1 Transport Administration Act 1988 Pt 6 Cases Cited: Batistatos v Roads and Traffic Authority of New South Wales; Batistatos v Newcastle City Council (2006) 227 ALR 425 Category: Procedural and other rulings Parties: Proceedings Nos 18/344508, 18/344550, 18/344551 Roads and Maritime Services (Prosecutor) East Coast Wharf Constructions Pty Ltd (Defendant)

Proceedings Nos 18/344555, 18/344556, 18/344557 Roads and Maritime Services (Prosecutor) Benjamin Peter King (Defendant) Representation: COUNSEL: Dr Nick Brunton, Solicitor, Norton Rose Fulbright Australia (Prosecutor) N/A (Defendants)