NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: North Sydney Council v Perini (No 2) [2013] NSWLEC 91 Hearing dates: 17, 18, 19 August 2011, 24 October 2011, 22 October 2012 Decision date: 26 June 2013 Jurisdiction: Class 5 Before: Pepper J Decision: See orders at [205]. Catchwords: SENTENCE: breach of development consent - dwelling built other than in conformity with consent - relevant sentencing principles - state of mind of offender at the time of the commission of the offence - reliance on advice and expertise of third parties - environmental harm caused by the commission of the offence - whether appropriate to impose fine but record no conviction - conviction recorded and fine imposed - costs ordered. Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A
Criminal Procedure Act 1986, ss 257B, 257G
Environmental Planning and Assessment Act 1979, ss 5, 96, 121B, 125, 126
Fines Act 1996, s 6
State Environmental Planning Policy No 1
North Sydney Local Environmental Plan 2001 Cases Cited: Axer Pty Ltd v Environment Protection Authority (1993) 113 LGERA 357
Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234
Blue Mountains City Council v Carlon [2008] NSWLEC 296
Cabonne Shire Council v Environment Protection Authority [2001] NSWCCA 280; (2001) 115 LGERA 304
Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683
Cessnock City Council v Bimbadgen Estate Pty Ltd (No 2) [2011] NSWLEC 140
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