EPA v Larkray Pty Ltd [2001] NSWLEC 92

Land and Environment Court of New South Wales

CITATION : EPA v Larkray Pty Ltd [2001] NSWLEC 92 PROSECUTOR PARTIES : Environment Protection Authority DEFENDANT Larkray Pty Ltd FILE NUMBER(S) : 50056 of 2000 CORAM: Sheahan J KEY ISSUES: Prosecution :- breach of conditions of Pollution Control Licence - plea of guilty LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 10 Protection of the Environment Operations Act 1997 s 241 CASES CITED: DATES OF HEARING: 09/04/2001 EX TEMPORE JUDGMENT DATE : 04/09/2001

PROSECUTOR Mr D Samuels Solicitor EPA LEGAL REPRESENTATIVES: DEFENDANT Barrister Mr A Galasso Solicitors Hill Thompson & Sullivan

JUDGMENT:

IN THE LAND AND Matter No: 50056 of 2000 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 9 April 2001 ENVIRONMENT PROTECTION AUTHORITY Prosecutor v LARKRAY PTY LTD Defendant JUDGMENT

1. The defendant company operates a substantial piggery on the property "Wonga", near Young NSW, and has pleaded guilty to a charge that on or about 3 to 4 October 1999 (the wet Sunday and Monday of a long weekend) it contravened the following condition of its Pollution Control Licence 001780, namely: Condition W3: 'There must be no discharge of wastewater to any watercourse or to any area other than the defined wastewater disposal area'.

2. According to this licence the only location of an authorised discharge point was spray irrigation on the premises. The recycling and disposal of the recycled wastewater was to take place within the defendants own premises and not outside those premises.