Environment Protection Authority v Daryl McCarthy Constructions Pty Ltd [2000] NSWLEC 223

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v Daryl McCarthy Constructions Pty Ltd [2000] NSWLEC 223 PROSECUTOR: Environment Protection Authority PARTIES : DEFENDANT: Daryl McCarthy Constructions Pty Ltd FILE NUMBER(S) : 50101; 50102; 50103 of 1999 CORAM: Bignold J KEY ISSUES: Environmental Offences :- polluting waters—wastes exceeding permitted level of non-filtrable residues—Mitigating factors—principle of totality. LEGISLATION CITED: Environmental Offences and Penalties Act 1989 Clean Waters Act 1970, s 16(1) CASES CITED: Environment Protection Authority v Norco Co-operative Limited, [2000] NSWLEC 35 DATES OF HEARING: 19 May 2000 EX TEMPORE 05/19/2000 JUDGMENT DATE :

PROSECUTOR: Mr S Simington, Solicitor SOLICITORS Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT: Mr H Scotting, Barrister SOLICITORS Sutton and Byrne

JUDGMENT: IN THE LAND AND Matter No . 50101, ENVIRONMENT COURT OF 50102 and 50103 of 1999 NEW SOUTH WALES Coram : Bignold J. 19 May 2000

ENVIRONMENT PROTECTION AUTHORITY

Prosecutor

v

DARRYL MCCARTHY CONSTRUCTIONS PTY LTD

Defendant

JUDGMENT

Bignold J:

1. The Defendant has pleaded guilty to three separate charges of an offence against the Environmental Offences and Penalties Act 1989, in that it did pollute waters contrary to the Clean Waters Act 1970, s 16(1).

2. The first offence occurred on or about 19 January 1999; the second offence occurred on or about 22 February 1999; and the third offence occurred on or about 30 June 1999. The offences all occurred at the same place, namely the waters of Tenterfield Creek when they were polluted, by virtue of the discharge from the Defendant's premises situated Sunnyside via Tenterfield, some 10 km removed from the township of Tenterfield, of waste containing non filtrable residues.