A summons under s 16(1) of the Clean Waters Act 1970 must identify the act of polluting, not merely the pollution; vicarious liability need not be pleaded as an ingredient. A judge making an order under s 41(1) of the Land and Environment Court Act 1979 is not required to assess whether a prima facie case exists, notwithstanding that Pt 6 r 2(2) requires accompanying affidavits establishing prima facie proof — the rule directs attention to the prosecutor's intention, not to judicial assessment.
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