Thaler v Cooma Monaro Shire Council [2015] NSWLEC 119

Land and Environment Court New South Wales

Medium Neutral Citation: Thaler v Cooma Monaro Shire Council [2015] NSWLEC 119 Hearing dates: 9 and 10 September 2014 Date of orders: 31 July 2015 Decision date: 31 July 2015 Jurisdiction: Class 6 Before: Craig J Decision: (1) Appeal against conviction in each of Cooma Local Court proceedings 12/201083, 12/146618 and 12/80652 is dismissed.

(2) Order that the appellant pay the respondent's costs of the appeal, the quantum of those costs, when agreed or determined, must be paid to the respondent within three months from the date of such agreement or within three months from the date of service upon the appellant of the determination of costs payable by him.

(3) Exhibits may be returned. Catchwords: APPEAL – offences against s 125(1) of Environmental Planning and Assessment Act 1979 (NSW) – failure to cease using premises in manner inconsistent with conditions of development consent – Order under s 121B of the Environmental Planning and Assessment Act - appeal against conviction only – oral application for leave to appeal against sentence time barred – nature of appeal hearing under s 37 of the Crimes (Appeal and Review) Act - leave to adduce further evidence confined to s 10 of Crimes (Sentencing Procedure) Act 1999 (NSW) – offences proved beyond reasonable doubt – offences not trivial - no proper basis to set aside conviction under s 10 of Crimes (Sentencing Procedure) Act - appeal dismissed – order for costs Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Environmental Planning and Assessment Regulation 2000 (NSW) Fines Act 1996 (NSW) Cases Cited: Advanced Arbor Service Pty Ltd v Strathfield Municipal Council [2006] NSWLEC 485 Attorney General's Application (No 3 of 2002) [2004] NSWCCA 303; 61 NSWLR 305 Blue Mountains City Council v Carlon [2008] NSWLEC 296 Denning v Department of Environment and Conservation [2007] NSWLEC 258; 153 LGERA 200 Environment Protection Authority v Thaler [2005] NSWLEC 109 Gerondal v Eurobodalla Shire Council [2009] NSWLEC 160 House of Peace Pty Ltd v Bankstown City Council [2000] NSWCA 44; 48 NSWLR 498 Hussain v Liverpool City Council [2014] NSWLEC 45 Mosman Municipal Council v Menai Excavations Pty Ltd [2002] NSWLEC 132; 122 LGERA 89 Mouawad v The Hills Shire Council [2013] NSWLEC 165 R v Paris [2001] NSWCCA 83 R v Van Nam Nguyen [2002] NSWCCA 183 Thaler v Cooma Monaro Shire Council [2013] NSWLEC 126 Thaler v Cooma Monaro Shire Council (No 2) [2014] NSWLEC 51 Category: Principal judgment Parties: A Thaler (Appellant) Cooma Monaro Shire Council (Respondent) Representation: Counsel: A Thaler in person (Appellant) R O'Gorman-Hughes (Respondent)