Greater Taree City Council v Haritomeni Nominees Pty Limited [2004] NSWLEC 775

Land and Environment Court of New South Wales

CITATION : Greater Taree City Council v Haritomeni Nominees Pty Limited [2004] NSWLEC 775 PROSECUTOR: Greater Taree City Council PARTIES : DEFENDANT: Haritomeni Nominees Pty Ltd FILE NUMBER(S) : 50100 of 2003 CORAM: Bignold J KEY ISSUES: Prosecution :- Water pollution – Discharge of effluent – Guilty plea - Mitigating factors LEGISLATION CITED: Protection of the Environment Operations Act 1997, ss 91, 120, 241 Crimes (Sentencing Procedure) Act, s 10 CASES CITED: DATES OF HEARING: 17/05/2004 EX TEMPORE 05/17/2004 JUDGMENT DATE :

PROSECUTOR: Mr T G Howard, Barrister

SOLICITORS Stacks LEGAL REPRESENTATIVES: DEFENDANT: Mr C J Leggat, Barrister

SOLICITORS Hunt and Hunt

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BIGNOLD J

17 May 2004

50100 of 2003 GREATER TAREE CITY COUNCIL v HARITOMENI NOMINEES PTY LIMITED

JUDGMENT

HIS HONOUR 1. The Defendant has pleaded guilty to a charge that on or about 13 January 2003 at Manning Point, situated in the Local Government area of Greater Taree City, it did commit an offence against the Protection of the Environment Operations Act 1997, s 120 in that it did pollute waters. According to the particulars endorsed upon the summons the relevant waters nominated are an un-named watercourse located at Manning Point which runs through the Weeroona Caravan Park, that being the place and name of the Defendant's premises, that watercourse being a tributary of Charlies Creek and the Manning River. Particulars are stated in the alternative to include, as an alternative, Charlies Creek, and in the further alternative to be the Manning River.