Secretary, Department of Planning and Environment v Goodman Property Services (Aust) Pty Ltd; Secretary, Department of Planning and Environment v Burton Contractors Pty Ltd T/as Burton Civil Engineering Contractors [2020] NSWLEC 52

Land and Environment Court New South Wales

Medium Neutral Citation: Secretary, Department of Planning and Environment v Goodman Property Services (Aust) Pty Ltd; Secretary, Department of Planning and Environment v Burton Contractors Pty Ltd T/as Burton Civil Engineering Contractors [2020] NSWLEC 52 Hearing dates: 6 February 2020 Decision date: 13 May 2020 Jurisdiction: Class 5 Before: Moore J Decision: See conclusions at [80] and [81] and at [83] to [85] Catchwords: PRACTICE AND PROCEDURE - two criminal proceedings commenced alleging the Defendant in each breached s 125(1) of the Environmental Planning and Assessment Act 1979 - motions by Defendants seeking orders that each Summons be quashed, set aside or permanently stayed - whether Summonses patently duplicitous - whether Summonses latently duplicitous - Summonses patently duplicitous - Prosecutor given the opportunity to consider seeking leave to amend in each instance. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 76A(1) and 125(1) Protection of the Environment Operations Act 1997, s 120 Cases Cited: Bentley v Gordon [2005] NSWCCA 157; (2005) 139 LGERA 449 Environment Protection Authority v Riverina Australia Pty Ltd [2015] NSWCCA 165; (2015) 90 NSWLR 57 Environment Protection Authority v Truegain Pty Ltd [2013] NSWCCA 204; (2013) 85 NSWLR 125 Hannes v Director of Public Prosecutions (Cth) (No 2) [2006] NSWCCA 373; (2006) 165 A Crim R 151 Johnson v Miller [1937] HCA 77; (1937) 59 CLR 467 Kirk v Industrial Relations Commission [2010] HCA 1; (2010) 239 CLR 531 Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2018] NSWCCA 202 Walsh v Tattersall [1996] HCA 26; (1996) 188 CLR 77 Water NSW v Kiangatha Holdings Pty Limited; Water NSW v Laurence Natale [2019] NSWLEC 185 Category: Procedural and other rulings Parties: Matter No 87062 of 2019 Secretary, Department of Planning and Environment (Prosecutor) Goodman Property Services (Aust) Pty Ltd (Defendant)