BALLINA SHIRE COUNCIL v. DAVFAST PTY LIMITED [1998] NSWLEC 21

Land and Environment Court of New South Wales

CITATION : BALLINA SHIRE COUNCIL v. DAVFAST PTY LIMITED [1998] NSWLEC 21 PARTIES : BALLINA SHIRE COUNCIL v. DAVFAST PTY LIMITED FILE NUMBER(S) : 50083 of 1998 CORAM: Sheahan J KEY ISSUES: :- Development without consent - environmental protection zone - Class 5 - guilty plea - remediation order Environmental Planning & Assessment Act 1979 s 76 LEGISLATION CITED: Ballina Local Environmental Plan 1987 Crimes Act 1900 Badgery-Parker J in Axer Pty Limited v Environmental Protection Authority ("Axer") (60763 of 1992, Court of Appeal, 22 November 1990); CASES CITED: See Environmental Protection Authority v Iron Gates Pty Limited (Sheahan J, 50083 of 1997, 12 June 1998); Environment Protection Authority v Capdate Pty Limited (Stein J, 50030-1 of 1992, 10 February 1993) DATES OF HEARING: 24 August 1998 DATE OF JUDGMENT: 10/09/1998

Mr D Wilson, Barrister LEGAL REPRESENTATIVES: Mr G J Bellew, Barrister

JUDGMENT: Introduction

1. Ballina Shire Council("Council") has charged Davfast Pty Limited ("the company") with a breach of the provisions of s 76 of the Environmental Planning & Assessment Act 1979 ("EPAA").

2. The company is charged that between November 1997 and 15 December 1997, upon land situated off Patch's Beach Road, Patch's Beach ("the subject land"), it aided and abetted the carrying out of development , namely cutting down, topping, lopping or otherwise destroying trees, and/or clearing, filling, or otherwise altering the surface level of the land, which are all works for which consent is required to be obtained under the EPAA and for which no development consent has been obtained.