NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Minister for Planning v Hunter Quarries Pty Ltd [2010] NSWLEC 246
PROSECUTOR: Minister for Planning PARTIES : DEFENDANT: Hunter Quarries Pty Ltd
FILE NUMBER(S) : 50025 of 2010
CORAM: Biscoe J
KEY ISSUES: ENVIRONMENTAL OFFENCES :- sentencing - breach of condition of development consent limiting production and transport of quarry material - careless failure to monitor production and transport records - sentencing considerations
Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A, 22, 23, 54A LEGISLATION CITED: Fines Act 1996, s 122 Environmental Planning and Assessment Act 1979, ss 76A, 125, 126
Georgopolous v R [2010] NSWCCA 246 Markarian v The Queen [2005] HCA 25, 228 CLR 357 CASES CITED: Minister for Planning (NSW) v Coalpac Pty Ltd [2008] NSWLEC 271 Minister for Planning v Moolarben Coal Mines Pty Ltd [2010] NSWLEC 147, 175 LGERA 93 R v McNaughton [2006] NSWCCA 242, 66 NSWLR 566 R v Thomson [2000] NSWCCA 309, 49 NSWLR 383
DATES OF HEARING: 26 November 2010
DATE OF JUDGMENT: 26 November 2010
PROSECUTOR: Mr I Lloyd QC with Mr M Seymour SOLICITORS: Department of Planning LEGAL REPRESENTATIVES: DEFENDANT: Mr T Howard with Mr J Connors SOLICITORS: Harris Wheeler Lawyers
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