NSW Caselaw
Land and Environment Court of New South Wales CITATION: Ulmarra Shire Council - V - Clarence River County Council [1999] NSWLEC 42
PARTIES PROSECUTOR: ULMARRA SHIRE COUNCIL
DEFENDANT: CLARENCE RIVER COUNTY COUNCIL
NUMBER: 50090 of 1998
CORAM: Lloyd J
KEY ISSUES: :- Offences and penalties - circumstances calling for discretion under s556A Crimes Act 1900
LEGISLATION CITED: Offences and penalties - circumstances calling for discretion under s556A Crimes Act 1900
DATES OF HEARING: 02/05/1999
EX TEMPORE JUDGMENT DATE: 02/05/1999
PROSECUTOR: D P Wilson Solicitors: Minter Ellison LEGAL REPRESENTATIVES: DEFENDANT: J J Webster Solicitors: Burridge Harris & Flynn
JUDGMENT: 1. The defendant is charged with the offence that it carried out development, namely the construction of a flood wall on land at River Road, Ulmarra, within the area of Ulmarra Council without consent contrary to the provisions of the Ulmarra Local Environmental Plan 1992 and the Environmental Planning and Assessment Act 1979 .
2. The matter came before me on 5 November 1998. On that occasion Mr J J Webster, who appears for the defendant, submitted that there was no case to answer. In a reserved judgment delivered on 17 November 1998 I held, for the reasons I then gave, that there is a case to answer.
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