NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Chen v Virgona [2008] NSWLEC 281
APPLICANT Charley (Kai) Chen PARTIES : RESPONDENTS Stewart and Michelle Virgona
FILE NUMBER(S) : 60008 of 2008
CORAM: Preston CJ
Appeal :- noise abatement order made by the Local Court - source of right of appeal - appeal under s 290(1) of Protection of the Environment Operations Act 1997 - time to appeal expressly provided to be 21 days after noise abatement order made - appeal out of time - no power to extend time to appeal - appeal incompetent and dismissed KEY ISSUES: Offences and penalties - noise abatement order made by Local Court - not a conviction or sentence for environmental offence - no appeal under Crimes (Appeal and Review) Act against making of noise abatement order
Companion Animals Act 1998 s 21 Crimes (Appeal and Review) Act 2001 Pt 2, Pt 3, Pt 4, Pt 5, s 3, s 31, s 42 Land and Environment Court Act 1979 s 17, s 21A, s 31 Land and Environment Court Rules 2007 Pt 3 r 3.7, Pt 6 r 6.1, r 6.3 LEGISLATION CITED: Local Courts Act 1982 Pt 6, s 62, s 64 Protection of the Environment Administration Act 1991 Protection of the Environment Operations Act 1997 s 268, s 269, s 272, s 273, s 290 Protection of the Environment Operations (General) Regulation 1998 cl 59 Uniform Civil Procedure Rules 2005 Pt 1 r 1.12, Pt 50 r 50.3
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