Heatscape Pty Ltd v Mahoney (No 2)

Land and Environment Court New South Wales Medium Neutral Citation: Heatscape Pty Ltd v Mahoney (No 2) [2016] NSWLEC 45 Hearing dates:3, 4 June and 4, 5 August 2015Date of orders: 29 April 2016 Decision date: 29 April 2016 Jurisdiction:Class 6Before: Pepper J Decision: Appeal dismissed with costs. See orders at [295]. Catchwords: ENVIRONMENTAL OFFENCES: appeal against conviction and sentence – whether penalty infringement notice valid – whether court attendance notice valid – whether prosecutor lawfully commenced proceedings – whether development was exempt development – onus of proving that development not exempt development – whether development required development consent – whether development carried out in a heritage conservation area as defined in the environmental planning instrument – whether prosecution discharged onus of proving that development carried out in a heritage conservation area – meaning of “heritage conservation area” – appeal against conviction dismissed with costs – appeal against sentence dismissed with costs. Legislation Cited: Crimes (Appeal and Review) Act 2001, ss 31, 32, 37, 38, 49 Crimes (Sentencing Procedure) Act 1999, ss 3A, 10, 10A, 21A Criminal Procedure Act 1986, ss 3, 14, 16, 20, 21, 172, 173, 174, 175, 179, 215 Environmental Planning and Assessment Act 1979, ss 5, 33, 33A, 76, 76A, 125, 126, 127, 127A Environmental Planning and Assessment Regulation 2000, cl 284 Fines Act 1996, ss 20, 22, 23, 23A, 24E, 24I, 37, 42, Divs 2A, 3, 4 Gloucester Local Environmental Plan 2010 cll 1.2, 1.7, 3.1, 5.10, Sch 2, 5 Interpretation Act 1987, s 3...