Environment Protection Authority v Mangha Singh & Sons Pty Limited [2000] NSWLEC 277

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Mangha Singh & Sons Pty Limited [2000] NSWLEC 277 PROSECUTOR Environment Protection Authority PARTIES : DEFENDANT Mangha Singh & Sons Pty Limited FILE NUMBER(S) : 50059 of 1999 CORAM: Cowdroy J KEY ISSUES: Prosecution :- plea of guilty - adoption of new waste water treatment system mitigating factor - imposition of fine Clean Waters Act 1970 s 16(1) LEGISLATION CITED: Pollution Control Act 1970 Protection of the Environment Operations Act 1997 s 241 Camilleri Stockfeeds Pty Limited v Environment Protection Authority (1993) 32 NSWLR 683; CASES CITED: Environment Protection Authority v Axer (unreported NSWCCA 22 November 1993) ; Environment Protection Authority v Peter Charles Attard [1999] NSWLEC 220 unreported DATES OF HEARING: 1/5/00 EX TEMPORE 05/01/2000 JUDGMENT DATE :

PROSECUTOR Mr P Barley (Solicitor)

SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Mr C Hoy (Barrister)

SOLICITORS Rummerys Solicitors

JUDGMENT:

IN THE LAND AND MATTER No. 50059 of 1999 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 1/5/00

Environment Protection Authority Prosecutor v Mangha Singh & Sons Pty Limited Defendant JUDGMENT

Facts

1. By an order and summons dated 15 September 1999, the defendant, Mangha Singh & Sons Pty Limited ("the defendant"), was charged that it committed an offence against the Environmental Offences and Penalties Act 1989 in that on or about 30 September 1998 it polluted waters contrary to s 16(1) of the Clean Waters Act 1970. The particulars referred to in the summons identified the waterway which was the subject of pollution as an unnamed watercourse running from north to south on land at lot 130 of DP755725 at Newrybar also described as Migden Flat Road, Newrybar, in northern New South Wales ("the site"). The site was leased by the defendant. The pollution was specified as waste containing non-filterable residues which impacted upon the biochemical oxygen demand in the waterway. The defendant has pleaded guilty to the charge.