Yarrowlumla Shire Council v Fenwick [2000] NSWLEC 121

Yarrowlumla Shire Council v Fenwick [2000] NSWLEC 121

The defendant was convicted because he carried out road development without the requisite consent. Although the works caused environmental disturbance and substantial rehabilitation or remediation was required, the penalty was reduced to a fine of $5,000 because of the guilty plea, the defendant's evidence, counsel's submissions and the written undertaking to obtain approvals and complete the required works.

Jurisdiction
Australia
Judgment Date
11 May 2000
Procedural Posture
Environmental Offence Prosecution for Carrying Out Development Without Consent / Sentence After Plea of Guilty
Outcome
Defendant convicted and fined; prosecutor's costs ordered on a party/party basis.
Legal Topics
['development Without Consent' 'roadworks' 'tree Removal' 'rehabilitation Orders' 'guilty Plea' 'fine and Costs']
['environmental Law' 'planning Law' 'criminal Sentencing'] ['development Without Consent' 'roadworks' 'tree Removal' 'rehabilitation Orders' 'guilty Plea' 'fine and Costs']

Case Brief

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Procedural Posture

Environmental Offence Prosecution for Carrying Out Development Without Consent / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['Whether the defendant was guilty of carrying out development without the requisite consent under the relevant Local Environmental Plan.' "What penalty should be imposed after the defendant's guilty plea and undertaking to obtain approvals and complete rehabilitation works." 'Whether the defendant should receive the benefit of s 10 of the Crimes (Sentencing Procedure) Act.']

Ratio Decidendi

The defendant was convicted because he carried out road development without the requisite consent. Although the works caused environmental disturbance and substantial rehabilitation or remediation was required, the penalty was reduced to a fine of $5,000 because of the guilty plea, the defendant's evidence, counsel's submissions and the written undertaking to obtain approvals and complete the required works.

Court Disposition

Defendant convicted and fined; prosecutor's costs ordered on a party/party basis.

Orders

  • ['The defendant is convicted of the offence charged.' 'The defendant is fined $5,000.' "The defendant is to pay all the Prosecutor's costs on a party/party basis, to be agreed or as assessed." 'The fine is payable within six months of 11 May 2000.' 'The costs are payable within six months of their agreement or...