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ARTICLE · 08 JUNE 2015

NSW Government Bulletin - 3 June 2015

Holding Redlich
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This bulletin has links to media releases, reports, cases, legislation and issues of interest to NSW government lawyers.

AustraliaGovernment, Public Sector

In our 22 April edition, we provided an outline of the NSW Land and Environment Court's (LEC) decision in Leichhardt Council v Geitonia Pty Ltd (No. 6) [2015] NSWLEC 51 where the LEC found the developer, a company director of the developer and the project manager to be liable for a breach of section 125(1) of the Environmental Planning and Assessment Act 1979 (EP&A Act). The offence related to the demolition of a building facade without development consent.

The LEC has now sentenced the three defendants, see: Leichhardt Council v Geitonia Pty Ltd (No 7) [2015] NSWLEC 79 (14 May 2015)

In sentencing, the LEC found that, among other things, the offence caused substantial environmental harm because it caused the loss of a facade which had heritage significance. In addition, the offence caused substantial harm by undermining the integrity of the "regulatory system of development control" and the objectives of the EP&A Act. A further aggravating factor was the

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