M. & S. Investments (NSW) Pty Ltd v Affordable Demolitions and Excavations Pty Ltd

[2024] NSWCA 17

NSW Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Limitation period for commencement of proceedings for offences
3. › When evidence of offence first came to attention of authorised officer
4. › Whether individuals appointed as authorised officers
5. › Delegation of functions not appointment as authorised officer
6. › Protection of the Environment Operations Act 1997 (NSW), ss 187, 216
1. Environment and Planning
2. › Offences
3. › Waste disposal
4. › Pollution of land
5. › Time for commencement of proceedings
6. › Whether individuals appointed as authorised officers under POEO Act
7. › Instrument of delegation under Local Government Act 1993 (NSW), s 378
8. › Whether delegation constitutes appointment under Protection of the Environment Operations Act 1997 (NSW), s 187(2)
1. Appeal
2. › Dismissal of proceedings for offences as time-barred
3. › Misconstruction of applicable statute for appointment of authorised officers
4. › Conflation of different statutory powers
5. › Constructive failure to exercise jurisdiction
1. Practice and Procedure
2. › Subpoena
3. › Setting aside subpoena
4. › Whether subpoena premature
5. › Whether subpoena too broad
6. › Whether obligation on court to redraw subpoena
7. › Whether House v The King error established
8. › Uniform Civil Procedure Rules 2005 (NSW), r 33.4

Quick Take

An authorised officer for limitation purposes under section 216(2)(a) of the POEO Act must be appointed under section 187(2) of the POEO Act; instruments of delegation under section 378 of the LG Act do not constitute evidence of such appointment.