Wollondilly Shire Council v Brogan Box Pty Ltd [2002] NSWLEC 139

Land and Environment Court of New South Wales

CITATION : Wollondilly Shire Council v Brogan Box Pty Ltd [2002] NSWLEC 139 PROSECUTOR Wollondilly Shire Council PARTIES : DEFENDANT: Brogan Box Pty Ltd FILE NUMBER(S) : 50123 of 2001 CORAM: Bignold J KEY ISSUES: Prosecution :- Water pollution-mitigating factors LEGISLATION CITED: Protection of the Environment Operations act 1997, s 120 Crimes Sentencing Procedure Act 1999, s 10 CASES CITED: Cabonne Shire Council v Environmental Authority (2001) 115 LGERA 304; Environment Protection Authority v Transfield Pty Limited 2001 NSWLEC 45 DATES OF HEARING: 28 March 2002 EX TEMPORE JUDGMENT DATE : 03/28/2002

Mr A Seton, Solicitor SOLICITORS Marsdens LEGAL REPRESENTATIVES: Mr T G Howard, Barrister SOLICITORS N/A

JUDGMENT:

THE LAND AND Matter No. 50123 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 28 March 2002

WOLLONDILLY SHIRE COUNCIL

Prosecutor

v

BROGAN BOX PTY LIMITED

Defendant

JUDGMENT

Bignold J:

1. The Defendant has pleaded guilty to a charge of an offence against the Protection of the Environment Operations Act 1997, s 120 in that on or about 6 April 2001, the Defendant polluted waters at Picton. The particulars of the offence endorsed upon the summons are that on or about 6 April 2001 an employee of the Defendant placed a blue coloured substance in a position on the premises known as Lot 1 in Deposited Plan 790202 being premises known as numbers 9-13 Colden Street, Picton from where it descended into a gutter thereon, such gutter being designed to receive or pass rainwater, floodwater or any other water that is not polluted.