Penrith City Council v Re-Gen Industries Pty Ltd [2000] NSWLEC 82

Land and Environment Court of New South Wales

CITATION : Penrith City Council v Re-Gen Industries Pty Ltd [2000] NSWLEC 82 PROSECUTOR: Penrith City Council PARTIES : DEFENDANT: Re-Gen Industries Pty Ltd FILE NUMBER(S) : 50081 of 1999 CORAM: Talbot J KEY ISSUES: Prosecution :- effect of s 10 Crimes (Sentencing Procedure) Act 1999 in contrast to former s 556A Crimes Act 1900 Environmental Planning and Assessment Act 1979 s 76A LEGISLATION CITED: Crimes Act 1900 s 556A Crimes (Sentencing Procedure) Act 1999 s 10 CASES CITED: Cooper v Coffs Harbour City Council (1997) 97 LGERA 125; R v Ingrassia (1996) 41 NSWLR 447 DATES OF HEARING: 20/04/2000, 26/04/2000, 27/04/2000 DATE OF JUDGMENT: 04/28/2000

PROSECUTOR: Mrs J C Kelly (Barrister) SOLICITORS: Gadens Lawyers LEGAL REPRESENTATIVES: DEFENDANT: Mr M A Bradford (Barrister) SOLICITORS: Michael Siderowitz & Co

JUDGMENT:

IN THE LAND AND Matter No. 50081 of 1999 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 28 April, 2000

Penrith City Council Prosecutor v Re-Gen Industries Pty Ltd Defendant

REASONS FOR JUDGMENT

1. The defendant has entered a plea of guilty to the charge that on and between 29 April 1999 and 5 May 1999 it committed an offence against the Environmental Planning and Assessment Act 1979 ("the EP&A Act") in that contrary to s 76A it carried out development without first having obtained development consent by clearing land at Luddenham Road, St Marys, including the removal of trees, shrubs and undergrowth.