DWD Project Pty Ltd & Anor v Northern Territory Environment Protection Authority

[2023] NTCA 3

NT Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeals
3. › Appeal against conviction
4. › Wrong decision on a question of law
5. › Appeal from Supreme Court sitting as intermediate appellate court
6. › Role of Court of Appeal limited to determining whether Supreme Court committed error
1. Statutory Interpretation
2. › Prescribed forms
3. › Validity of documents not strictly in approved form
4. › Whether deviation from approved form invalidates notice
5. › Substantial compliance
6. › Whether legislative scheme requires strict compliance
7. › Waste Management and Pollution Control Act 1989 (NT), s 77
8. › Interpretation Act 1978 (NT), s 68
1. Criminal Law
2. › Summary offences
3. › Limitation periods
4. › Whether amended notice gives rise to fresh offence with fresh limitation period
5. › Whether power to amend notice can be used to circumvent limitation period
6. › Waste Management and Pollution Control Act 1989 (NT), ss 80, 82, 94
1. Practice and Procedure
2. › Costs
3. › Appeal from Local Court to Supreme Court
4. › Discretionary nature of costs award
5. › Factors relevant to quantification
6. › Whether error in exercise of discretion demonstrated

Quick Take

Pollution abatement notices issued under s 77 of the Waste Management and Pollution Control Act 1989 (NT) are not invalidated by deviation from the approved form where the deviation does not alter the substance of what is conveyed and is not misleading; substantial compliance under s 68 of the Interpretation Act 1978 (NT) is sufficient. The issue of an amended PAN giving a later date for compliance establishes a fresh obligation, and failure to comply gives rise to a fresh offence subject to a fresh limitation period under s 94, so that the power to amend PANs under s 82 does not circumvent the limitation period.