Chief Executive, Office of Environment and Heritage v Wickman [2020] NSWLEC 23

Land and Environment Court New South Wales

Medium Neutral Citation: Chief Executive, Office of Environment and Heritage v Wickman [2020] NSWLEC 23 Hearing dates: 2, 3 and 4 March 2020 Date of orders: 20 March 2020 Decision date: 20 March 2020 Jurisdiction: Class 5 Before: Pepper J Decision: Notice of motion dismissed. See orders at [78]. Catchwords: ENVIRONMENTAL OFFENCES: alleged clearing of native vegetation – application to set aside summonses on the grounds that the charges were statute barred – proper construction of phrases "evidence of the alleged offence" that "first came to the attention of an authorised officer" – whether evidence of all of the elements of the offence required to come to the attention of the authorised officer – whether evidence of all of the particulars of the alleged offence required to come to the attention of the authorised officer – whether evidence of the alleged offence the subject of one charge evidence of the alleged offences the subject of the remaining charges – whether possibility of evidence of the charge coming to the attention of the authorised officer sufficient – notices of motion dismissed – summonses filed within time. Legislation Cited: Environmental Planning and Assessment Act 1979, s 125(5A) Evidence Act 1995, ss 97(1), 98(1) Native Vegetation Act 2003, ss 12, 42(3),(4) and (5) Protection of the Environment Operations Act 1997, s 190(1) and (4) Cases Cited: Chief Executive of the Office of Environment and Heritage v Somerville [2019] NSWLEC 155 Chief Executive of the Office of Environment and Heritage v Turnbull [2017] NSWLEC 141 Chief Executive, Office of Environment and Heritage v Manchee; Chief Executive, Office of Environment and Heritage v Bogamildi Investments Pty Ltd [2015] NSWLEC 117; (2015) 209 LGERA 280 Chief Executive, Office of Environment and Heritage v Turnbull (No 3) [2019] NSWLEC 165 Cumberland Council v Younan; Cumberland Council v Oueik; Cumberland Council v H & M Renovations Pty Ltd [2018] NSWLEC 145 R v Bell [2002] NSWCCA 2 R v Gale; R v Duckworth [2012] NSWCCA 174; (2012) 217 A Crim R 487 Rummery v Chief Executive, Office of Environment and Heritage [2014] NSWCCA 106; (2014) 201 LGERA 428 UTSG Pty Ltd v Sydney Metro (No 5) [2019] NSWLEC 107 Texts Cited: Macquarie Dictionary (on-line ed) Oxford English Dictionary (on-line ed) Category: Principal judgment Parties: Chief Executive of the Office of Environment and Heritage (Prosecutor) Scott Wickman (Defendant) Representation: Counsel: M Dalla-Pozza (Prosecution) C Ireland (Defendant)