Just days from the NSW ski season opening, the NSW Land and Environment Court (Court) has delivered its second decision in relation to the ongoing prosecution of Charlotte Pass Snow.
Tuesday, June 1, 2021
Just days from the NSW ski season opening, the NSW Land and Environment Court (Court) has delivered its second decision in relation to the ongoing prosecution of Charlotte Pass Snow Resort Pty Ltd (Ski Resort) by the Environment Protection Authority (EPA).
This article explains two key rules applying to NSW environmental prosecutions after the Court s two Ski Resort decisions or, in the spirit of ski season, après ski . Whilst procedural in nature, these rules are important as they can materially affect the outcome of environmental prosecutions.
The Ski Resort Prosecution
Like many remote businesses in NSW, the Ski Resort operates a sewage treatment plant which is regulated by the EPA under an environment protection licence granted under the Protection of the