Chief Executive of the Office of Environment and Heritage v Somerville [2019] NSWLEC 155

Land and Environment Court New South Wales

Medium Neutral Citation: Chief Executive of the Office of Environment and Heritage v Somerville [2019] NSWLEC 155 Hearing dates: 21 October 2019 Date of orders: 28 October 2019 Decision date: 28 October 2019 Jurisdiction: Class 5 Before: Pepper J Decision: Notice of Motion dismissed. Costs reserved. Catchwords: CRIMINAL OFFENCES: whether commencement of criminal proceedings time barred — onus of proof — proper construction of statutory time bar — whether prosecutor had to elect which time period applied to commencement of proceedings — meaning of "any act or omission constituting the offence" —proceedings commenced within time. Legislation Cited: Criminal Procedure Act 1986 s 257F, Div 4 Pt 5 Environment Planning and Assessment Act 1979 ss 127, 81 Evidence Act 1995 s 141 National Parks and Wildlife Act 1974 ss 2A, 5, 98, 101, 106, 118A, 118B, 176B, 190 Protection of the Environment Operations Act 1997 ss 199, 199A Threatened Species Conservation Act 1995 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27 Beckwith v The Queen [1976] HCA 55; (1976) 135 CLR 569 Chief Environmental Regulator of the Environment Protection Authority v The Forestry Corporation of New South Wales [2018] NSWLEC 10 Cumberland Council v Younan [2018] NSWLEC 145 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Rummery v Chief Executive, Office of Environment and Heritage [2014] NSWCCA 106; (2014) 201 LGERA 428 Scott v Cawsey [1907] HCA 80; (1907) 5 CLR 132 Secretary, Department of Planning and Environment v Leda Manorstead Pty Ltd (No 4) [2019] NSWLEC 58 The Queen v A2 [2019] HCA 35 Waugh v Kippen [1986] HCA 12; (1986) 160 CLR 156 Texts Cited: Macquarie Dictionary (on-line ed) Category: Principal judgment Parties: Chief Executive of the Office of Environment and Heritage (Prosecutor) Anthony Somerville (Defendant) Representation: Counsel: Mr W Tuckey (Prosecutor) Mr I Hemmings SC with Mr J Farrell (Defendant)