Bellingen Shire Council V Darryl Andrew Woollard [1999] NSWLEC 55

Bellingen Shire Council V Darryl Andrew Woollard [1999] NSWLEC 55

The defendant's guilty plea admitted that he cleared land without the prior consent required by the Bellingen Local Environment Plan 1990, constituting an offence under s 125 of the Environmental Planning and Assessment Act 1979. Having regard to the seriousness of environmental offences, the maximum penalty, and mitigating factors including low relative culpability, cooperation, no prior convictions, financial hardship and lack of intention, the appropriate penalty was $750 plus agreed prosecutor's costs of $5,500.

Jurisdiction
Australia
Judgment Date
17 February 1999
Procedural Posture
Prosecution for Clearing Land Without Consent / Sentencing After Guilty Plea
Outcome
Defendant convicted; penalty imposed; prosecutor's costs ordered.
Legal Topics
['clearing Land Without Consent' 'strict Liability' 'guilty Plea' 'sentencing' 'mitigation']
['environmental Law' 'planning and Development Law' 'criminal Law'] ['clearing Land Without Consent' 'strict Liability' 'guilty Plea' 'sentencing' 'mitigation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Prosecution for Clearing Land Without Consent / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['Whether the defendant committed an offence by clearing land without prior development consent required under the Bellingen Local Environment Plan 1990.' "What penalty should be imposed after the defendant's guilty plea."]

Ratio Decidendi

The defendant's guilty plea admitted that he cleared land without the prior consent required by the Bellingen Local Environment Plan 1990, constituting an offence under s 125 of the Environmental Planning and Assessment Act 1979. Having regard to the seriousness of environmental offences, the maximum penalty, and mitigating factors including low relative culpability, cooperation, no prior convictions, financial hardship and lack of intention, the appropriate penalty was $750 plus agreed prosecutor's costs of $5,500.

Court Disposition

Defendant convicted; penalty imposed; prosecutor's costs ordered.

Orders

  • ['The defendant is convicted of the offence with which he is charged.' 'The defendant is to pay a penalty of $750.' "The defendant is to pay the prosecutor's costs in the amount of $5,500." "The defendant is to pay the penalty to the Registrar of the court and the costs to the prosecutor within six months of today's...