Sutherland Shire Council v Benedict Industries Pty Ltd (No 8)

[2017] NSWLEC 4

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. ENVIRONMENTAL OFFENCES: whether construction of a bund was prohibited development
2. › whether the construction of a bund was development permissible with consent
3. › purpose of construction of bund
4. › whether bund constructed to dispose of waste
5. › whether construction of bund ancillary to lawful quarrying activity
6. › whether there was development consent granted by the council or some other regulatory authority to carry out extractive activity
7. › charge dismissed.
1. ENVIRONMENTAL OFFENCES: whether trees and bushland vegetation injured contrary to a tree and bushland vegetation preservation order
2. › whether injured vegetation was “bushland vegetation” for the purpose of the order
3. › principles applicable to construction of subordinate legislation
4. › injury of trees and bushland vegetation ancillary to construction of bund
5. › charges dismissed.
1. DEVELOPMENT CONSENT: principles of construction of development consent
2. › principles of characterisation of use of land
3. › whether development constitutes ancillary development under planning instruments
4. › inconsistency between planning instruments.
1. EVIDENCE: application of presumption of regularity to infer existence of development consent
2. › whether prosecutor’s expert evidence reliable and impartial.