Environment Protection Authority v Byron Shire Council [2002] NSWLEC 128

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Byron Shire Council [2002] NSWLEC 128 PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Byron Shire Council FILE NUMBER(S) : 50145; 50146 of 200 CORAM: Talbot J KEY ISSUES: Prosecution :- pollute waters - conviction - whether the defendant is to carry out a specific project in lieu of penalty Clean Waters Act s 19(1) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 10 Protection of the Environment Operations Act 1997 s 120(1), s 244(2), s 250, s 250(1)(a), s 250(1)(c), s 251 CASES CITED: Environment Protection Authority v Simplot Australia Pty Ltd [2001] NSWLEC 264, unreported DATES OF HEARING: 25/07/2002 DATE OF JUDGMENT: 07/31/2002

PROSECUTOR Mr T G Howard (Barrister) SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Mr Lloyd QC SOLICITORS Abbott Tout

JUDGMENT:

IN THE LAND AND Matter No. 50145 of 2001; 50146 of 2001 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 31 July 2002

Environment Protection Authority Prosecutor v Byron Shire Council Defendant

REASONS FOR JUDGMENT

1. The defendant has entered a plea of guilty to two charges that it committed an offence against s 120(1) of the Protection of the Environment Operations Act 1997 ("the PEO Act") in that it polluted waters near Mullumbimby, namely an unnamed creek in the vicinity of the Byron Shire Council Water Treatment Plant ("the WTP") leading to Yankee Creek and downstream thereof. The first charge relates to a period from about 9:00am on 24 December 2000 and continuing until about 26 December 2000. The second charge relates to a discharge on or about 28 December 2000. In both cases it is alleged that the defendant discharged pollutant from the WTP into the above waters.