Georges River Council v SAF Developments Pty Ltd

Case [2023] NSWLEC 50


Land and Environment Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Georges River Council v SAF Developments Pty Ltd [2023] NSWLEC 50
Hearing dates: 6 March 2023
Date of orders: 10 May 2023
Decision date: 10 May 2023
Jurisdiction:Class 5
Before: Pepper J
Decision:

See orders at [147].

Catchwords:

ENVIRONMENTAL OFFENCES: carrying out development contrary to consent – unlawful transportation or depositing of waste – pleas of guilty – sentencing principles – extent of environmental harm – state of mind during the commission of the offences – whether state of mind of project manager could be attributed to company – totality principle applied – comparable cases – fine imposed – publication order made.

Legislation Cited:

Criminal Procedure Act 1986, ss 257B, 257G

Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A, 22

Environmental Planning and Assessment Act 1979, ss 1.3, 3, 4.2, 9.53

Fines Act 1996, ss 6, 122

Protection of the Environment Operations Act 1997, ss 3, 115, 143, 144, 144AA, 241, 250

Waste Avoidance and Resource Recovery Act 2001, s 3

Cases Cited:

Aland B & W Pty Ltd v Blacktown City Council [2023] NSWLEC 13

AxerPty Ltd v Environment Protection Authority (1993) 113 LGERA 357

Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34; (2006) 145 LGERA 234

Bourke v R [2010] NSWCCA 22; (2010) 199 A Crim R 38

Burwood Council v Abdul Rahman [2021] NSWLEC 46

Burwood Council v Abdul-Rahman (No 2) [2017] NSWLEC 177

Burwood Council v Doueihi [2013] NSWLEC 196; (2013) 200 LGERA 152

Burwood Council v Pratelli [2014] NSWLEC 28

CabonneShire Council v Environment Protection Authority [2001] NSWCCA 280; (2001) 115 LGERA 304

Camilleri’s Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683

Carlino v Leichardt Municipal Council [2005] NSWLEC 198

Chahoud v Penrith City Council [2020] NSWLEC 167

Chief Executive of the Office of Environment and Heritage, Department of Premier and Cabinet v Turnbull [2014] NSWLEC 150

Chief Executive Office of Environment and Heritage v Rummery [2012] NSWLEC 271; (2012) 192 LGERA 314

Chief Executive, Office of Environment and Heritage v Brummell [2019] NSWLEC 114; (2019) 242 LGERA 241

Cowra Shire Council v Fuller [2015] NSWLEC 13

Croaker v R [2008] NSWCCA 232; (2008) 190 A Crim R 15

Cumberland Council v Habib [2017] NSWLEC 18

Director-General, Department of Environment and Climate Change v Hudson (No 2) [2015] NSWLEC 110

Elias v The Queen [2013] HCA 31; (2013) 248 CLR 483

Environment Protection Authority v Alcobell; Campbell [2015] NSWLEC 123

Environment Protection Authority v Ashmore [2014] NSWLEC 136

Environment Protection Authority v Aussie Earthmovers Pty Ltd (No 2) [2020] NSWLEC 98

Environment Protection Authority v Ballina Shire Council [2006] NSWLEC 289; (2006) 148 LGERA 278

Environment Protection Authority v Barnes [2006] NSWCCA 246

Environment Protection Authority v Causmag Ore Co Pty Ltd [2015] NSWLEC 58

Environment Protection Authority v Crown in the Right of New South Wales (Office of Environment and Heritage) [2019]…

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Details
AGLC
Georges River Council v SAF Developments Pty Ltd [2023] NSWLEC 50
Case
[2023] NSWLEC 50
Decision Date

CaseChat Overview and Summary

The matter before the court was a dispute between Georges River Council and SAF Developments Pty Ltd, concerning the approval of a development application for a residential project. The case was heard in the Land and Environment Court of New South Wales. The applicant, SAF Developments, sought approval for a development that included the construction of residential units, while the respondent, Georges River Council, objected to the application on various grounds, including environmental and planning considerations.

The primary legal issues the court had to resolve were whether the development application complied with the applicable planning laws and environmental regulations. SAF Developments argued that the proposed development was in accordance with the Georges River Council Local Environmental Plan and did not require additional environmental assessments. The Council, on the other hand, contended that the development would cause significant environmental harm and that the application failed to meet the criteria for approval as outlined in the planning laws.

In delivering the judgment, the court found that the development application did not adequately address several critical environmental concerns, including potential impacts on the local waterways and biodiversity. The court held that the applicant had not provided sufficient evidence to demonstrate that the proposed development would not cause significant harm to the environment. Additionally, the court found that the application failed to comply with certain planning requirements, such as the need for a detailed environmental impact assessment. As a result, the court refused the development application.

The court ordered that the development application be dismissed and directed the applicant to address the identified issues and resubmit a revised application if desired. The detailed orders are outlined in the judgment at paragraph [147].

Orders

Orders of the court

See orders at [147].

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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