Smirneos v Lane Cove Council [2000] NSWLEC 241

Land and Environment Court of New South Wales

CITATION : Smirneos v Lane Cove Council [2000] NSWLEC 241 APPELLANT: Peter Smirneos PARTIES : RESPONDENT: Lane Cove Council

FILE NUMBER(S) : 60001 of 2000 CORAM: Lloyd J KEY ISSUES: Environmental Offences :- water pollution - plea of not guilty - whether Proudman v Dayman defence available Clean Waters Act 1970 s 16(1), s 16(3), s 16(7) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 10 Environmental Offences and Penalties Act 1989 s 8G Justices Act 1902 Pt 5B CASES CITED: Proudman v Dayman (1941) 67 CLR 563; State Rail Authority of New South Wales v Hunter Water Board (1992) 28 NSWLR 721 DATES OF HEARING: 24/07/2000 DATE OF JUDGMENT: 07/24/2000

APPELLANT: K R Newell (Barrister) SOLICITORS: Lyon Law Firm

LEGAL REPRESENTATIVES: RESPONDENT: A M Hawkes (Solicitor) SOLICITORS: Pike Pike & Fenwick

JUDGMENT: 5

IN THE LAND AND Matters No: 60001 of 2000 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 24 July 2000 Peter Smirneos Appellant v Lane Cove Council Respondent

EXTEMPORE JUDGMENT

HIS HONOUR: 1. This is an appeal under the Justices Act 1902 Part 5B against the conviction of the appellant by a magistrate on 1 November 1999 of the offence of causing waters to be polluted contrary to the Clean Waters Act 1970 section 16(3). By dint of section 16(7) of the Clean Waters Act a person who contravenes section 16(1) of that Act is guilty of an offence against the Environmental Offences and Penalties Act 1989. The appeal in this case is governed by the Justices Act Part 5B and is a rehearing.