Director-General, Department of Planning and Infrastructure v Aston Coal 2 Pty Ltd [2013] NSWLEC 188

Land and Environment Court New South Wales

Medium Neutral Citation: Director-General, Department of Planning and Infrastructure v Aston Coal 2 Pty Ltd [2013] NSWLEC 188 Hearing dates: 4 November 2013 Decision date: 08 November 2013 Jurisdiction: Class 5 Before: Craig J Decision: Orders as set out at [103] Catchwords: SENTENCE - two offences against s 125 of the Environmental Planning and Assessment Act 1979 (EPA Act) - failure to disclose a reportable political donation as required by s 147(3) of the EPA Act - legislative purpose of s 147 - minimise perception of undue influence by political donation - donations by persons associated with defendant following Major Project Application lodged by defendant - directors of defendant granted share options - likely financial gain if approval granted to Project Application - financial interest in Application accepted - penalty - objective gravity of offence in mid-range of seriousness - general deterrence - fines imposed Legislation Cited: Election Funding, Expenditure and Disclosures Act 1981 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Fines Act 1996 (NSW) Cases Cited: Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234 Cameron v The Queen [2002] HCA 6; (2002) 209 CLR 339 Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Chief Executive of the Office of Environment and Heritage v Rinaldo (Nino) Lani [2012] NSWLEC 115 De Celis (Election Funding Authority) v Lindsay Bennelong Developments [2012] NSWSC 917 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Plath v Rawson [2009] NSWLEC 178; (2009) 170 LGERA 253 R v Holder [1983] 3 NSWLR 245 R v Scott [2005] NSWCCA 152 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465 Category: Sentence Parties: Director-General Department of Planning and Infrastructure (Prosecutor) Aston Coal 2 Pty Limited (Defendant) Representation: K C Morgan with J J Hutton (Prosecutor) T G Howard SC Christine Hanson Department of Planning and Infrastructure (Prosecutor)