Director General NSW Department of Industry and Investment v Mato Investments Pty Ltd [2014] NSWCCA 132

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Director General NSW Department of Industry and Investment v Mato Investments Pty Ltd [2014] NSWCCA 132 Hearing dates: 15 April 2014 Decision date: 18 July 2014 Before: Bathurst CJ at [1]; Fullerton J at [85]; Bellew J at [86] Decision: That the questions asked in the Stated Case be answered as follows: Question 1 On the facts as found, was it open to me to find that there was no development consent 'in force' with respect to the subject land during the charge period within the meaning of s 76A(1) of the Environmental Planning and Assessment Act 1979? Answer: Yes Question 2Did I err in finding that I could not consider whether the element of knowledge for the purposes of s 220ZD(1) of the Fisheries Management Act 1994 was to be conclusively presumed by application of s 220ZD(2)(a) of that Act? Answer: No Question 3On the facts as found, was I required to conclusively presume that each of Mato Investments Pty Ltd and Dzeladin Ceman knew that the land concerned was the habitat of the trout cod, silver perch and the Lower Murray EEC by reason of the operation of s 220ZD(2) of the Fisheries Management Act 1994 either pursuant to paragraph (a) or paragraph (b) of that provision?" Answer: No Catchwords: STATUTORY INTERPRETATION - principles - effect of non-compliance with regulation on validity of notice - legislative intention - Project Blue Sky Inc v Australian Broadcasting Authority - Environment Planning and Assessment Act 1979 (NSW), ss 81 and 83