The Land and Environment Court's power to order costs in Class 5 (summary criminal) proceedings is regulated exclusively by ss 257B-257D of the Criminal Procedure Act 1986, not by s 68(1) of the LEC Act. Costs orders in Class 5 proceedings can only be made at the end of proceedings, not at interlocutory stages. Where a licence condition requires multiple activities to be carried out competently, a failure to carry out one activity competently (e.g., storage) and a failure to carry out another (e.g., treatment) constitute separate offences and cannot be charged as a single offence under s 64(1) of the POEO Act.
The full text is available to signed-in members, including the 45 later cases that cite this judgment.
10 of the 45 citing cases carry a classified treatment. How each court treated it is available to signed-in members.