NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Council of the Municipality of Kiama v Micallef [2009] NSWLEC 202
PROSECUTOR Council of the Municipality of Kiama PARTIES : DEFENDANT Shannon Charles Micallef
FILE NUMBER(S) : 50041 of 2009
CORAM: Sheahan J
KEY ISSUES: ENVIRONMENTAL OFFENCES :- early plea of guilty, building development work done without an operative consent, failure to comply with deferred commencement condition, sentencing principles, mitigating factors, application for section 10 discretion refused, prosecutor's costs.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Protection of the Environment Operations Act 1997
Director General, Department of Environment and Climate Change v Hudson [2009] NSWLEC 4; (2009) 165 LGERA 256; Environment Protection Authority v Causmag Ore Co Pty Ltd [2009] NSWLEC 164 CASES CITED: Minister for Planning v Fancott Pty Ltd [2009] NSWLEC 170 Municipality of Kiama v Furlong [2009] NSWLEC 139 North Sydney Council v Littllemore [2003] NSWLEC 336; (2003) 132 LGERA 116 R v Paris [2001] NSWCCA 83
DATES OF HEARING: 25 November 2009
EX TEMPORE JUDGMENT DATE : 25 November 2009
PROSECUTOR Mr P Moggach, Solicitor SOLICITORS RMB Lawyers LEGAL REPRESENTATIVES: DEFENDANT Mr R Beasley, Barrister SOLICITORS Mills Oakley Lawyers
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