Newcastle City Council v Reed Constructions Australia Pty Ltd [2000] NSWLEC 208

Land and Environment Court of New South Wales

CITATION : Newcastle City Council v Reed Constructions Australia Pty Ltd [2000] NSWLEC 208 PROSECUTOR: Newcastle City Council PARTIES : DEFENDANT: Reed Constructions Australia Pty Ltd FILE NUMBER(S) : 50021 of 2000 CORAM: Talbot J KEY ISSUES: Prosecution :- plea of guilty - utilitarian value of guilty plea - contrition LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 76A(1), s 125(1) Axer Pty Ltd v Environment Protection Authority (NSWCCA, 22 November 1993, unreported); CASES CITED: R v H (1980) 3 A Crim R 53; R v Thomson; R v Houlton [2000] NSWCCA 309 DATES OF HEARING: 12/09/2000 DATE OF JUDGMENT: 09/27/2000

PROSECUTOR: Mr T G Howard (Barrister)

SOLICITORS: Harris Wheeler LEGAL REPRESENTATIVES: DEFENDANT: Mr S R Norrish QC

SOLICITORS: Heaney Richardson & Nemes

JUDGMENT:

IN THE LAND AND Matter No. 50021 of 2000 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 27 September, 2000

Newcastle City Council Prosecutor v Reed Constructions Australia Pty Ltd Defendant

REASONS FOR JUDGMENT

1. The defendant is a building construction company which appears to answer the charge that it has committed an offence against the Environmental Planning and Assessment Act 1979 ("the EP&A Act") by carrying out development on Sunday 19 December 1999, at Mayfield, in breach of a condition of development consent, contrary to s 76A(1) and s 125(1) of the EP&A Act.