Spare v Leichhardt Municipal Council [2002] NSWSC 412

Spare v Leichhardt Municipal Council [2002] NSWSC 412

Section 127(6) of the Environmental Planning and Assessment Act 1979 is expressed in clear and unambiguous terms and is not limited to proceedings in the Land and Environment Court. It specially limits a twelve-month period for instituting proceedings for development consent offences whether brought in the Local Court or the Land and Environment Court. The informations laid on 9 November 2001 concerning conduct alleged to have occurred not later than 8 March 2001 were therefore commenced within time.

Jurisdiction
Australia
Judgment Date
21 June 2002
Procedural Posture
Appeal Under S 104(4) of the Justices Act 1902 From an Interlocutory Order in Summary Proceedings / Application for Leave to Appeal and Appeal From Magistrate Still's Determination That the Local Court Prosecutions Were Commenced Within Time
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['development Consent Offences' 'limitation Period for Summary Prosecutions' 'appeal From Interlocutory Order of Magistrate' 'construction of S 127(6) of the Environmental Planning and Assessment Act 1979']
['planning and Environment Law' 'criminal Procedure' 'statutory Interpretation'] ['development Consent Offences' 'limitation Period for Summary Prosecutions' 'appeal From Interlocutory Order of Magistrate' 'construction of S 127(6) of the Environmental Planning and Assessment Act 1979']

Case Brief

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Procedural Posture

Appeal Under S 104(4) of the Justices Act 1902 From an Interlocutory Order in Summary Proceedings / Application for Leave to Appeal and Appeal From Magistrate Still's Determination That the Local Court Prosecutions Were Commenced Within Time

Legal Issues

  1. 1 ['Whether s 127(6) of the Environmental Planning and Assessment Act 1979 provides a twelve-month limitation period for development consent offences prosecuted in the Local Court, or only for proceedings in the Land and Environment Court.' 'Whether the six-month limitation period in s 56(1) of the Justices Act 1902 applied to the informations laid against the plaintiff.']

Ratio Decidendi

Section 127(6) of the Environmental Planning and Assessment Act 1979 is expressed in clear and unambiguous terms and is not limited to proceedings in the Land and Environment Court. It specially limits a twelve-month period for instituting proceedings for development consent offences whether brought in the Local Court or the Land and Environment Court. The informations laid on 9 November 2001 concerning conduct alleged to have occurred not later than 8 March 2001 were therefore commenced within time.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave granted to the plaintiff pursuant to s 104(4) of the Justices Act 1902 to bring the appeal.' 'Decline to make the orders claimed in the summons and dismiss the appeal.' "The plaintiff is to pay the defendant's costs as agreed or assessed."]