Secretary, Department of Planning and Environment v Leda Manorstead Pty Ltd [2018] NSWLEC 114

Land and Environment Court New South Wales

Medium Neutral Citation: Secretary, Department of Planning and Environment v Leda Manorstead Pty Ltd [2018] NSWLEC 114 Hearing dates: 26 June 2018 Date of orders: 07 August 2018 Decision date: 07 August 2018 Jurisdiction: Class 5 Before: Pain J Decision: See [78] of judgment Catchwords: PROCEDURE – prosecutions – two offences of carrying out development contrary to condition of consent –continuing offences – second charge brought under amended legislation resulting in higher penalty not abuse of process – s 125A(a) and (b) of the Environmental Planning and Assessment Act 1979 are not elements of an offence under s 125(1) Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 ss 18, 19 Criminal Procedure Act 1986 ss s 247E, 247J, Environmental Planning and Assessment Act 1979 Pt 3A, ss 75D, 75J, 76A, Pt 4 Div 4, 125, 125A, 125B, 125C, 126 Environmental Planning and Assessment Amendment Bill 2014, Explanatory Note Interpretation Act 1987 s 34 Protection of the Environment Operations Act 1997 ss 115, 116, 117, 241 Cases Cited: Canterbury-Bankstown Council v Naji [2016] NSWLEC 101 Council of the City of Sydney v Adams [2015] NSWLEC 206 Director-General, Department of Environment and Climate Change v Gleeson; Director-General, Department of Environment and Climate Change v Epacris Pty Ltd (2009) 165 LGERA 99; [2009] NSWLEC 42 Director-General, Department of Planning and Infrastructure v Glass Recovery Services Pty Ltd (2015) 207 LGERA 397; [2015] NSWLEC 49 Environment Protection Authority v Nechakoski (2002) 120 LGERA 426; [2002] NSWLEC 61 Environment Protection Authority v Terrace Earthmoving Pty Ltd (2013) 84 NSWLR 679; [2013] NSWCCA 180 Jago v District Court of New South Wales (1989) 168 CLR 23 John L Pty Ltd v Attorney-General (NSW) (1987) 163 CLR 508; [1987] HCA 42 Johnson v Miller (1937) 59 CLR 467; [1937] HCA 77 Kirk v Industrial Court (NSW) (2010) 239 CLR 531; [2010] HCA 1 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 R v Ronen (2006) 161 A Crim R 300; [2006] NSWCCA 123 Smith v Moody [1903] 1 KB 56 Texts Cited: Archbold, Criminal pleading, evidence and practice (43rd ed, 2017, Sweet & Maxwell) New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 22 October 2014 New South Wales Planning and Environment Prosecutions Guidelines Category: Procedural and other rulings Parties: Secretary, Department of Planning and Environment (Prosecutor)