Water NSW v Faulkner

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Water NSW v Faulkner [2015] NSWLEC 158 Hearing dates:7 October 2015Date of orders: 08 October 2015 Decision date: 08 October 2015 Jurisdiction:Class 5Before: Moore AJ Decision: See orders at [73] Catchwords: SUMMONS – applications to amend – each summons referred to a regulation not in effect at the time of the offence charged in the summons – each alleged offence pleaded, except for the nomination of the relevant regulation, in terms that would, relevantly, have applied had the earlier repealed regulation been pleaded – amendments sought to specify correct regulation in each summons – whether proposed amendments are to any “essential factual ingredient” of the relevant charge – whether fresh charges if amendment permitted- if fresh charges, are they time barred – no change to any “essential factual ingredient” of the relevant charge – amended charges do not amount to charging fresh offences – leave granted for amended summonses. Legislation Cited: Criminal Procedure Act 1986 ss 11, 16(2), 20(1), 21(1), 247K Environmental Planning and Assessment Act 1979 ss 76A, 76B Justices Act 1902 s 65 Land and Environment Court Act 1979 ss 16(1), 21(a1) Local Government (Planning and Environment) Act 1990 (Qld) s 2.24(3)(e) Protection of the Environment Operations Act 1997 Sydney Water Catchment Management Act 1998 s 69 Water NSW Act 2014 s 101, Sch 2 cll 23, 24 Sydney Catchment Management Regulation 2008 cl 15(1) Sydney Water Catchment Management Regulation 2013 cl 16(1) Water NSW Regulation...