Environment Protection Authority v Nambucca Shire Council [2000] NSWLEC 222

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Nambucca Shire Council [2000] NSWLEC 222 PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: Nambucca Shire Council FILE NUMBER(S) : 50099 of 1999 CORAM: Bignold J KEY ISSUES: Prosecution :- Pollution of waters - Repairs undertaken to damaged rising main in Council's sewerage system causing water pollution - Mitigating factors. LEGISLATION CITED: Clean Waters Act 1970, s 16(1) CASES CITED: DATES OF HEARING: 13 June 2000 EX TEMPORE 06/13/2000 JUDGMENT DATE :

PROSECUTOR: Mr D Samuels, Solicitor SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT: Mr A Galasso, Barrister SOLICITORS Mallesons Stephen Jacques

JUDGMENT: IN THE LAND AND Matter No . 50099 of 1999 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 13 June 2000

ENVIRONMENT PROTECTION AUTHORITY

Prosecutor

v

NAMBUCCA SHIRE COUNCIL

Defendant

JUDGMENT

Bignold J:

1. The Defendant has pleaded guilty to a charge of an offence against the Environmental Offences and Penalties Act 1989, in that on or about 26 April 1999 it did, at Nambucca Heads, pollute waters, contrary to s 16(1) of the Clean Waters Act 1970.

2. These statutes have, since the date of the commission of the offence, been repealed by the Protection of the Environment Operations Act 1997. However, by virtue of savings provisions, the liability created by the earlier mentioned statutes continues by virtue of the Interpretation Act 1987, s 30 .