Gosford City Council v Build Max Developments Pty Ltd and Ors. [2000] NSWLEC 224

Land and Environment Court of New South Wales

CITATION : Gosford City Council v Build Max Developments Pty Ltd and Ors. [2000] NSWLEC 224 PROSECUTOR: Gosford City Council PARTIES : DEFENDANTS: Build Max Developments Pty Ltd and Ors. FILE NUMBER(S) : 50104; 50105; 50106; 50107 of 1999 CORAM: Bignold J KEY ISSUES: Environmental Offences - Prosecution :- polluting waters - Corporate Department and Director charged - plea of guilty - mitigating factors. LEGISLATION CITED: Protection of the Environment Operations Act 1997, s 120 CASES CITED: DATES OF HEARING: 26 June 2000 EX TEMPORE 06/26/2000 JUDGMENT DATE :

PROSECUTOR: Mr M Fraser, Barrister SOLICITORS P J Donnellan & Co. LEGAL REPRESENTATIVES: DEFENDANT: Mrs J Slape, Solicitor SOLICITORS Conditsis & Associates

JUDGMENT: IN THE LAND AND Matter No . 50104 to 50107 of 1999 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 26 June 2000

50104 of 1999 GOSORD CITY COUNCIL

Prosecutor

v

BUILD MAX DEVELOPMENTS

Defendant

50105 of 1999 GOSFORD CITY COUNCIL

Prosecutor

v

BUILD MAX DEVELOPMENTS

Defendant

50106 of 1999 GOSFORD CITY COUNCIL

Prosecutor

v

SARA, M.

Defendant

50107 of 1999 GOSFORD CITY COUNCIL

Prosecutor

v

CILIEGI, D.

Defendant

JUDGMENT

Bignold J:

1. These are related prosecutions brought by the Gosford City Council against the company Build Max Corporation Pty Ltd and Dominic James Ciliegi, a Director of that Company, alleging an offence against the Protection of the Environment Operations Act 1997, s 120 (the Act) in that waters were polluted on or about 14 July 1999 at Gosford.