Sutherland Shire Council v Nustas [2004] NSWLEC 608

Land and Environment Court of New South Wales

CITATION : Sutherland Shire Council v Nustas [2004] NSWLEC 608 PROSECUTOR: PARTIES : Sutherland Shire Council DEFENDANT: Simon Shibli Nustas FILE NUMBER(S) : 50122 of 2003 CORAM: Pain J KEY ISSUES: Prosecution :- Plea of guilty - Breach of consent conditions resulting in damage to trees Criminal Procedure Act 1986, s 253 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999, s 21A, s 22 Environmental Planning and Assessment Act 1979, s 125(1), s 126(3) Land and Environment Court Act 1979, s 41 Council of Camden v Tax [2004] NSWLEC 448; CASES CITED: Ku-ring-gai Council v Nettcorp Pty Limited [2003] NSWLEC 203; R v Thompson; R v Houlton (2000) 49 NSWLR 383 DATES OF HEARING: 17/08/2004 01/11/2004 DATE OF JUDGMENT: 11/03/2004

PROSECUTOR: Ms S. Duggan instructed by Baker & McKenzie LEGAL REPRESENTATIVES: DEFENDANT: Mr D. Pullinger instructed by Advance Lawyers Pty Limited

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

3 November 2004

50122 of 2003 Sutherland Shire Council v Simon Shibli Nustas

JUDGMENT 1 Her Honour: The Defendant, Mr Nustas, is charged with an offence under s 125(1) of the Environmental Planning and Assessment Act 1979 ("the EP&A Act") in that between 25 and 28 August 2003 he carried out development, being site works, excavations and the construction of access to land, on land known as 179 Fowler Road, Illawong ("the land") which development was not in accordance with the development consent granted by this Court on 25 July 2001 ("the Development Consent"). The particulars in the summons allege that four conditions of the Development Consent were breached by the Defendant as follows: In breach of s 76A(1)(b) of he EP&A Act, the Defendant: