Willoughby City Council v Rahmani [2017] NSWLEC 166

Land and Environment Court New South Wales

Medium Neutral Citation: Willoughby City Council v Rahmani [2017] NSWLEC 166 Hearing dates: 29 November 2017 Date of orders: 06 December 2017 Decision date: 06 December 2017 Jurisdiction: Class 5 Before: Moore J Decision: See orders at [64]. Catchwords: SENTENCE - prosecution for removal of trees contrary to requirement of development consent - early plea of guilty - trees were three mature specimens with long Safe Useful Life Expectancies - trees were part of a critically endangered ecological community - removal negligent but not reckless - consideration of Defendant's subjective circumstances including agreement to order requiring planting of two replacement trees - appropriate starting penalty $90,000 - consideration of Defendant's capacity to pay penalty - no basis to reduce penalty because of Defendant's financial circumstances - Defendant agrees to pay Prosecutor's costs in an agreed sum - discount of 33% appropriate to reflect early guilty plea and Defendant's subjective circumstances - Defendant fined $60,000. Legislation Cited: Crimes Sentencing Procedure Act 1999, ss 21A and 22 Environmental Offences and Penalties Act 1989 Environmental Planning and Assessment Act 1979, ss 80A(1), 125(1) and 125B Environmental Planning and Assessment Amendment Act 2014 Interpretation Act 1987, s 34(2)(f) Protection of the Environment Operations Act 1997 Rural Fires Act 1997, Pt 4, Div 9 Threatened Species Conservation Act 1995 Cases Cited: Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Chief Executive, Office of Environment and Heritage v Ausgrid (2013) 199 LGERA 1; [2013] NSWLEC 51 Council of Camden v Poyntz, John [2007] NSWLEC 439 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Mosman Municipal Council v Menai Excavations Pty Limited (2002) 122 LGERA 89; [2002] NSWLEC 132 Pittwater Council v Scahill (2009) 165 LGERA 289; [2009] NSWLEC 12 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 383 Veen v The Queen (No 2) 164 CLR 465; [1988] HCA 14 Category: Sentence Parties: Willoughby City Council (Prosecutor) Parviz Rahmani (Defendant) Representation: Counsel: Mr D Beaufils, barrister (Prosecutor) Ms N Hammond, barrister (Defendant)