Hossein Yamini v The Council of the City of Sydney [2020] NSWLEC 26

Land and Environment Court New South Wales

Medium Neutral Citation: Hossein Yamini v The Council of the City of Sydney [2020] NSWLEC 26 Hearing dates: 11 March 2020 Date of orders: 09 April 2020 Decision date: 09 April 2020 Jurisdiction: Class 6 Before: Duggan J Decision: See paragraph 53 Catchwords: APPEAL – s 97 Protection of the Environment Operation Act 1997 – appeal from Local Court – s 31 Crimes (Appeal and Review) Act 2001 – appeal against failure to comply with Prevention Notice – construction of Prevention Notice – whether council held reasonable suspicion an activity was being carried on in an environmentally unsatisfactory manner – validity of s 96 Prevention Notice – whether appellant was "occupier" of premises – definition of control Legislation Cited: Crimes (Appeal and Review) Act 2001 Protection of the Environment Operations Act 1997 Cases Cited: Central Coast Council v 40 Gindurra Road Somersby Pty Ltd (No 2) [2019] NSWLEC 171 Kempsey Shire Council v Slade [2015] NSWLEC 135 Maund v Shoalhaven City Council [2019] NSWLEC 89 Shannon v The Council of the City of Greater Lithgow [1995] NSWLEC 156 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: Hossein Yamini (Appellant) The Council of the City of Sydney (Respondent) Representation: Counsel: Mr S Nash (Appellant) Mr A Singh (Solicitor for the Respondent)

Solicitors: Bick & Steele (Appellant) City of Sydney Council (Respondent) File Number(s): 2019/00254117 Publication restriction: No