Council of the Municipality of Kiama v Watkins [2012] NSWLEC 87

Land and Environment Court New South Wales

Medium Neutral Citation: Council of the Municipality of Kiama v Watkins [2012] NSWLEC 87 Hearing dates: 26/04/2012 Decision date: 26 April 2012 Jurisdiction: Class 5 Before: Lloyd AJ Decision: 1. The defendant is guilty of an offence against s 125(1) of the Environmental Planning and Assessment Act 1979. 2. The defendant must pay a penalty in the sum of $12,000.00. 3. The defendant must pay the prosecutor's costs in the agreed sum of $15,000.00. 4. The penalty must be paid to the Council in accordance with s 694 of the Local Government Act 1993. 5. The exhibits other than Exhibit B may be returned. Catchwords: PROSECUTION - plea of guilty - sentence - breach of tree preservation order Legislation Cited: Crimes (Sentencing Procedure) Act 1999, s 3A Environmental Planning and Assessment Act 1979, s 125(1) Kiama Local Environmental Plan 1996 Cases Cited: Cameron v Eurobodalla Shire Council (2006) NSWLEC 47; 146 LGERA 349 Fletcher Constructions Australia Ltd v WorkCover Authority (NSW) (1999) 91 IR 66 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (1999) 90 IR 464 Walden v Hensler (1987) 163 CLR 561 Texts Cited: Nil Category: Sentence Parties: Council of Municipality of Kiama (prosecutor) Henry John Watkins (defendant) Representation: M Seymour (prosecutor) L Waterson (defendant) Russell McLelland Brown Lawyers (prosecutor) Lewis & McKinnon (defendant) File Number(s): 51140 of 2011 Publication restriction: Nil