The discretion under s 124 of the Environmental Planning and Assessment Act 1979 to make restraining orders is not negated by a finding that the operator conducted a good operation, where the operator knowingly and persistently contravened planning laws over a long period. The test of injustice or disproportionality from ACR Trading Pty Ltd v Fat-Sel Pty Ltd requires balancing the injustice to the respondent against the ends secured by enforcement of the planning laws, and prolonged knowing contravention is a weighty consideration against the exercise of discretion in the respondent's favour.
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