Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2019] NSWLEC 182

Land and Environment Court New South Wales

Medium Neutral Citation: Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2019] NSWLEC 182 Hearing dates: 6 June, 8 and 16 August, 18 September 2019 Date of orders: 27 November 2019 Decision date: 27 November 2019 Jurisdiction: Class 5 Before: Moore J Decision: See orders: (1) at [104] (Matter No 381474 of 2016); and (2) at [105] (Matter No 381475 of 2016) Catchwords: PROSECUTION - amendment of charges - charges held to be duplicitous - application to amend charges - application seeks to substitute multi-count charges for single count in each instance - application to reopen amendment application - Prosecutor makes application to reopen - application to rely on affidavit and supporting material - objection by Company - Company submits supporting material unlawfully obtained - taking Prosecutor's case at its highest, affidavit and supporting material would not assist in establishing a basis to permit multi-count amendment - application to reopen refused - consideration of whether multi-count amendment would effect injustice on the Company - multi-count amendment would be unjust - Prosecutor seeks single-count amendment in the alternative in each instance - single-count amendments not unjust - single-count amendments within power - single-count amendments permitted COSTS - parties equally successful on applications to amend - no order for costs Legislation Cited: Crimes (Sentencing Procedure) Act 1996, ss 3A(b), 21A(3) Criminal Procedure Act 1986, ss 16, 20 Environmental Planning and Assessment Act 1979, ss 125 to 127 Evidence Act 1995, s 135 Land and Environment Court Act 1979, s 68 Protection of the Environment Operations Act 1995, s 250(1)(a) Cases Cited: Area Concrete Pumping v Inspector Childs [2012] NSWCA 208 Boujaoude v R [2008] NSWCCA 35 Cooper v Coffs Harbour Council (1997) 97 LGERA 125 Chief Executive, Office of Environment and Heritage v Geoffrey Phillip Manchee; Chief Executive, Office of Environment and Heritage v Bogamildi Investments Pty Ltd [2015] NSWLEC 117 DPP v Kypri (2011) VR 157; [2011] VSCA 257 Rockdale Beef v Industrial Relations Commission of NSW [2007] NSWCA 128 Secretary, Department of Planning and Environment v AGL Energy Limited; Secretary, Department of Planning and Environment v AGL Upstream Infrastructure investments Pty Limited [2017] NSWLEC 2 Secretary, Department of Planning and Environment v Sell & Parker Pty Ltd (No 2) [2019] NSWLEC 73 Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2017] NSWLEC 109 Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2018] NSWCCA 202 Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2019] HCASL 86 Walsh v Tattersall [1996] HCA 26; (1996) 188 CLR 77 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 (Defendant)