NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ballina Shire Council v Ian Watson [2006] NSWLEC 827
PROSECUTOR Ballina Shire Council PARTIES : DEFENDANT Ian Watson
FILE NUMBER(S) : 50009 of 2006
CORAM: Jagot J
KEY ISSUES: Prosecution :- clearing - sentence - environmental harm - mitigating factors
Environmental Planning and Assessment Act 1979 s 76A(1) LEGISLATION CITED: Threatened Species Conservation Act 1995 State Environmental Planning Policy 26 Ballina Local Environmental Plan 1987
DATES OF HEARING: 30/11/2006
EX TEMPORE JUDGMENT DATE : 12/01/2006
PROSECUTOR Ms S Duggan SOLI CITORS Clarissa Huegill & Associates Pty Ltd LEGAL REPRESENTATIVES: DEFENDANT Mr F Corsaro SC SOLICITORS Parker & Kissane Solicitors
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Jagot J
1 December 2006
50009 of 2006
BALLINA SHIRE COUNCIL Applicant
IAN WATSON Respondent
JUDGMENT Jagot J: 1 These are my remarks on sentence of the defendant, Ian Watson, for the offence of carrying out development which required development consent, without having obtained that consent, in breach of s 76A(1) of the Environmental Planning and Assessment Act 1979.
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