Ku-Ring-Gai Municipal Council v Beaini [2001] NSWLEC 30

Reported Decision : 112 LGERA 397

Land and Environment Court of New South Wales

CITATION : Ku-Ring-Gai Municipal Council v Beaini [2001] NSWLEC 30 PROSECUTOR Ku-Ring-Gai Municipal Council PARTIES : DEFENDANT Beaini FILE NUMBER(S) : 50028 of 2001 CORAM: Bignold J KEY ISSUES: Environmental Offences :- Contravention of Tree Preservation Order - Maximum penalty prescribed for such offence LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 126(1) Cooper v Coffs Harbour City Council (1997) 97LGERA 125; CASES CITED: Hornsby Shire Council v Winsloe (1998) 101LGERA 117; Rao v Canterbury City Council, ((200) NSWCCA 471 DATES OF HEARING: 21/02/01 EX TEMPORE JUDGMENT DATE : 02/21/2001

PROSECUTOR Ms J Hewitt, Solicitor SOLICITORS Abbott Tout

LEGAL REPRESENTATIVES: DEFENDANT Mr D Baird, Solicitor SOLICITORS Price Waterhouse Coopers Legal

JUDGMENT:

IN THE LAND AND Matter No. 50028 of 2000 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 21 February 2001

KU-RING-GAI COUNCIL

Prosecutor

v

BEAINI, BUDDY

Defendant

JUDGMENT

Bignold J:

1. At the conclusion of the reception of evidence adduced on the hearing of a charge of an offence against the Environmental Planning and Assessment Act 1979 (EP&A Act), s 125 involving a contravention of the Council's Tree Preservation Order (the TPO), to which charge the Defendant has entered a plea of guilty, and has adduced evidence in mitigation of sentence, a vital issue has arisen between the parties as to the true nature and extent of the maximum penalty prescribed for such an offence.