Burwood Council v Jarvest Pty Ltd [2011] NSWLEC 109

Land and Environment Court New South Wales

Medium Neutral Citation: Burwood Council v Jarvest Pty Ltd [2011] NSWLEC 109 Hearing dates: 27 June 2011 Decision date: 27 June 2011 Jurisdiction: Class 5 Before: Sheahan J Decision: 1. The defendant is convicted of the offence charged in the summons. 2. The defendant is ordered to pay a fine of $45,000. 3. The defendant is ordered to pay the prosecutor's costs, as agreed or assessed. 4. The defendant is ordered to maintain to maturity the replacement trees it planted in May 2011, and the prosecutor is granted liberty to apply in respect of any alleged breach of this order. 5. The exhibits may be returned. Catchwords: PROSECUTION: Development without consent - tree preservation order - plea of Guilty - sentencing considerations - remediation - fine - costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Environmental Planning and Assessment Act 1979 Fines Act 1996 Cases Cited: Camilleri's Stockfeeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Manly Council v Taheri [2008] NSWLEC 314 Pittwater Council v Scahill [2009] NSWLEC 12; (2009) 165 LGERA 289 Category: Sentence Parties: Burwood Council (Prosecutor) Jarvest Pty Ltd (Defendant) Representation: Mr S Shneider, Solicitor (Prosecutor) Mr M Callanan, Solicitor (Defendant) Houston Dearn O'Connor (Prosecutor) Ellison Tillyard Callanan (Defendant) File Number(s): 50232 of 2011