Environment Protection Authority v Brucic [2000] NSWLEC 213

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Brucic [2000] NSWLEC 213 PROSECUTOR PARTIES : Environment Protection Authority DEFENDANT Darko Brucic FILE NUMBER(S) : 50108 of 1999 CORAM: Sheahan J KEY ISSUES: Prosecution :- pollution of waters - plea of guilty - fine - costs Clean Waters Act 1970 s 16(1) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 10 Environmental Offences and Penalties Act 1989 s 14 CASES CITED: DATES OF HEARING: 18/08/2000 EX TEMPORE 08/18/2000 JUDGMENT DATE :

PROSECUTOR Mr M Kelly of EPA DEFENDANT LEGAL REPRESENTATIVES: Barrister Ms K Nomchong Solicitors Gary Robb & Associates

JUDGMENT: IN THE LAND AND Matter No: 50108 of 1999 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 18 August 2000

ENVIRONMENT PROTECTION AUTHORITY Prosecutor v

DARKO BRUCIC Defendant

JUDGMENT

1. In matter 50108 of 1999, the defendant Darko Brucic has pleaded guilty to the charge that between 29 January 1997 and 29 January 1999 he " polluted waters ", contrary to s 16(1) of the Clean Waters Act 1970, by dumping waste in an erosion gully, constituting an unnamed perennial creek or watercourse, on a property known as " Lumley ", off Mac's Reef Road at Sutton in New South Wales.

2. The gully leads into Donnellys Creek, which in turn runs into the Yass River, approximately 500m downstream of that creek's confluence with the unnamed creek.