Bellingen Shire Council V Stuart Kenneth North [1999] NSWLEC 52

Land and Environment Court of New South Wales CITATION: Bellingen Shire Council V Stuart Kenneth North [1999] NSWLEC 52 This judgment revised on: 11/03/99 PARTIES PROSECUTOR Bellingen Shire Council

DEFENDANT Stuart Kenneth North

NUMBER: 50026 of 1998

CORAM: Pearlman CJ

KEY ISSUES: :- clearing without consent

LEGISLATION CITED: clearing without consent

DATES OF HEARING: 02/15/1999; 02/16/1999

EX TEMPORE JUDGMENT DATE: 02/16/1999

PROSECUTOR Mr J Ayling (Barrister)

SOLICITORS Abbott Tout LEGAL REPRESENTATIVES: DEFENDANT Mr M O'Brien (Barrister)

SOLICITORS Fishburn Watson & O'Brien

JUDGMENT:

Introduction

1. These proceedings initially comprised two prosecutions. After a substantial part of the prosecution's evidence had been completed, the defendant's plea was changed to a plea of guilty in relation to one of those prosecutions, No 50026 of 1998 and, in the exercise of its discretion, the prosecutor elected then not to proceed with the other prosecution and that one, No 50029 of 1998, was withdrawn. Hence I am concerned only with the first of these prosecutions.