Lane Cove Council v Wu [2011] NSWLEC 43

Land and Environment Court New South Wales

Medium Neutral Citation: Lane Cove Council v Wu [2011] NSWLEC 43 Hearing dates: 28 October 2010 Decision date: 24 March 2011 Before: Sheahan J Decision: (1)The defendant is convicted of the offence with which he was charged. (2)The defendant is fined $22,500. (3)The defendant is ordered to pay the reasonable costs of the prosecutor, applicable solely to this prosecution and to no other proceedings between the parties, as agreed or assessed according to law. (4)The exhibits are returned, except for Exhibit C1 . Catchwords: ENVIRONMENTAL OFFENCES - carrying out development without consent - level of direct involvement - early plea of guilty - relatively low level of environmental harm - other sentencing considerations Legislation Cited: Environmental Planning and Assessment Act 1979 Crimes (Sentencing Procedure) Act 1999 Lane Cove Local Environmental Plan 1987 Cases Cited: Bankstown City Council v Taouk Constructions Pty Ltd [2004] NSWLEC 402 Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Council of the Municipality of Kiama v Furlong [2009] NSWLEC 139 Council of the Municipality of Kiama v Pacific Real Estate (Warilla) Pty Ltd [2009] NSWLEC 191 Fairfield City Council v Hanna [2007] NSWLEC 343 Holroyd City Council v El-Khouri [2008] NSWLEC 83 Keir v Sutherland Shire Council [2004] NSWLEC 754 Markarian v R [2005] HCA 25; (2005) 228 CLR 357 Mosman Municipal Council v Menai Excavations Pty Ltd [2002] NSWLEC 132; (2002) 122 LGERA 89 R v Thomson [2000] NSWCCA 309; (2000) 49 NSWLR 383 Veen v R (1979) 143 CLR 458 Vigor Master Pty Ltd v Lane Cove Council; Jiang v Lane Cove Council [2010] NSWLEC 1267 Category: Sentence Parties: Lane Cove Council (Prosecutor) Mr Pei Long Wu (Defendant) Representation: Mr P Clay (Prosecutor) Mr J Johnson (Defendant) Matthews Folbigg (Prosecutor) Woolf & Associates (Defendant File Number(s): 50032 of 2010