Minister Assisting the Minister for Infrastructure and Planning v Diacano [2004] NSWLEC 532

Land and Environment Court of New South Wales

CITATION : Minister Assisting the Minister for Infrastructure and Planning v Diacano [2004] NSWLEC 532 PROSECUTOR PARTIES : Minister Assisting the Minister for Infrastructure and Planning DEFENDANT Roderic Edward Diacano FILE NUMBER(S) : 50007-12 of 2004 CORAM: Pain J KEY ISSUES: Prosecution :- Guilty plea - Defendant issued construction certificates and occupation certificates when not an accredited certifier Crimes (Sentencing Procedure) Act 1999, s 10 LEGISLATION CITED: Criminal Procedure Act (1986), s 253(1)(c) Environmental Planning and Assessment Act 1979, s 109Z(h)(1)(a) Environmental Planning and Assessment Regulations 2000 Latoudis v Casey (1990) 170 CLR 534 ; CASES CITED: Morrison v Peacock and Roslyndale Shipping Company Pty Ltd [2003] NSWLEC 68; R v Paris [2001] NSWCCA 83; R v Piccin (No 2) [2001] NSWCCA 323 DATES OF HEARING: 30/08/2004 DATE OF JUDGMENT: 08/31/2004

PROSECUTOR Ms J Jagot (barrister) instructed by the Crown Solicitor LEGAL REPRESENTATIVES: DEFENDANT Mr I McLachlan (barrister) instructed by Curwood & Partners

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

PAIN J

31 AUGUST 2004

50007-12 of 2004 MINISTER ASSISTING THE MINISTER FOR INFRASTRUCTURE AND PLANNING v DIACANO

JUDGMENT 1 Her Honour: These are prosecutions brought by the Prosecutor under s 109Z(h)(1)(a) of the Environmental Planning and Assessment Act 1979 (the EP&A Act). That section provides that it is an offence for a person to issue a Pt 4A certificate if not authorised to do so pursuant to Pt 4B of the EP&A Act. Part 4A certificates are defined to include construction certificates and occupation certificates. Part 4B of the EP&A Act provides a regime whereby people can be accredited as an approved certifier. Section 109D of that Act authorises accredited certifiers to issue construction certificates and occupation certificates.