NSW Caselaw
Land and Environment Court of New South Wales
CITATION : North Sydney Council v Kluver [2001] NSWLEC 299 PROSECUTOR North Sydney Council PARTIES : DEFENDANT Andrew Kluver FILE NUMBER(S) : 50058 of 2001 CORAM: Sheahan J KEY ISSUES: Environmental Offences :- carry out works without construction certificate - early plea of guilty - no environmental harm - mitigation - no prior record - fine - costs Crimes (Sentencing Procedure) Act 1999 s 10 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 ss 81A(2), 125 and 126 Fines Act 1996 CASES CITED: DATES OF HEARING: 27/11/2001 EX TEMPORE JUDGMENT DATE : 11/27/2001
PROSECUTOR Mr A Galasso (Barrister) Mallesons Stephen Jaques (Solicitors) LEGAL REPRESENTATIVES: DEFENDANT Mr Ian Hemmings (Barrister) Phillips Fox (Solicitors)
JUDGMENT:
IN THE LAND AND Matter No: 50058 of 2001 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 27 November 2001
NORTH SYDNEY COUNCIL Prosecutor v
ANDREW KLUVER Defendant
JUDGMENT
1. Andrew Gordon Arthur Kluver appears today to answer a charge that he carried out building work at his home at 60 Pine Street Cammeray without obtaining a construction certificate.
2. Under the combined operation of ss 81A(2), 125 and 126 of the Environmental Planning & Assessment Act 1979 his plea of guilty to the offence charged exposes him to a maximum penalty of $1.1 million, and an order that he pay the Prosecutor's costs, currently claimed in the sum of about $18,000.
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