Environment Protection Authority v Knight Frank (NSW) Pty Ltd [1999] NSWLEC 223

Land and Environment Court of New South Wales CITATION: Environment Protection Authority v Knight Frank (NSW) Pty Ltd [1999] NSWLEC 223

PARTIES PROSECUTOR Environment Protection Authority

DEFENDANT Knight Frank (NSW) Pty Ltd

NUMBER: 50017-18 of 1999

CORAM: Cowdroy J

KEY ISSUES: Environmental Offences :- Water pollution - diesel oil leak from redundant basement furnace tank into Sydney Harbour

LEGISLATION CITED: Environmental Offences and Penalties Act 1989 Clean Waters Act 1970 s 16(1)

DATES OF HEARING: 08/27/1999

EX TEMPORE JUDGMENT DATE: 08/27/1999

PROSECUTOR Ms J Kelly (Barrister)

SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Mr I Lloyd QC

SOLICITORS Phillips Fox

JUDGMENT: IN THE LAND AND MATTER No. 50017-18 of 1999 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 27/8/99

Environment Protection Authority Prosecutor v Knight Frank (NSW) Pty Ltd Defendant JUDGMENT

Facts

1. By summons class five filed on 24 March 1999 Knight Frank (NSW) Pty Ltd, ("the defendant") was charged that between 18 March 1998 and continuing each day thereafter until 31 March 1998, it committed an offence against Environmental Offences and Penalties Act 1989 in that it polluted waters contrary to s 16(1) of the Clean Waters Act 1970. The pollutant was identified as diesel oil and the waters alleged to be polluted were artificial watercourses, water channels, water mains and water pipes at or near North Sydney, leading to Careening Cove.