Mosman Municipal Council v Spice (No 2)

Land and Environment Court New South Wales Medium Neutral Citation: Mosman Municipal Council v Spice (No 2) [2015] NSWLEC 136 Hearing dates:17 August 2015Date of orders: 21 August 2015 Decision date: 21 August 2015 Jurisdiction:Class 6Before: Biscoe J Decision: (1) The appeal is upheld.(2) The matter is remitted to the Local Court to be determined according to law.(3) The Court Book is to be returned to the appellant. Catchwords: APPEAL – by prosecutor against Local Court’s dismissal of proceedings for an environmental offence of cutting down or lopping trees – appeal restricted to a ground that involves a question of law alone – meaning of “question of law alone” – approach to interpretation of ex tempore judgment of a magistrate – whether Local Court erred on a question of law alone in holding that defendants could not be vicariously liable for directly authorising a contractor to clear trees because they did not have any direct intervention with the sub-contractors. Legislation Cited: Crimes (Appeal and Review) Act 2001 s 42(2B)(b) Environmental Planning and Assessment Act 1979 ss 76A(1)(a), 125(1) Rural Fires Act 1997 ss 100Q, 100R Cases Cited: Acuthan v Coates (1986) 6 NSWLR 472 Bimson, Roads & Maritime Services v Damorange Pty Ltd [2014] NSWSC 734 CB v Director of Public Prosecutions (NSW) [2013] NSWSC 618 Director of Public Prosecutions (NSW) v Mathews-Hunter [2014] NSWSC 843 Director of Public Prosecutions v Gramelis [2010] NSWSC 787 Director of Public Prosecutions v Illawarra Cashmart Pty Limited [2006] NSWSC 343, 67 NSWLR 402...