Environment Protection Authority v. Sydney Water Corporation [1998] NSWLEC 144

Land and Environment Court of New South Wales

CITATION : Environment Protection Authority v. Sydney Water Corporation [1998] NSWLEC 144 PROSECTOR Environment Protection Authority PARTIES : DEFENDANT Sydney Water Corporation FILE NUMBER(S) : 50019 of 1996 CORAM: Talbot J KEY ISSUES: :- LEGISLATION CITED: Environmental Offences and Penalties Act 1989 s 17D CASES CITED: DATES OF HEARING: 04/11/96, 05/11/96, 06/11/96, 14/04/97, 16/04/97, 11/11/98, 12/11/98, 13/11/98, 16/11/98, 17/11/98 DATE OF JUDGMENT: 12/11/1998

PROSECTOR Mr J L Glissan QC Mr B G Docking (Barrister) Environment Protection Authority LEGAL REPRESENTATIVES: DEFENDANT Mr L P Robberds QC Mr D J Brogan (Barrister) Sydney Water Corporation

JUDGMENT: 1. The defendant is charged that between 7 and 9 March 1995 at Manly in the State of New South Wales it did commit an offence against the Environmental Offences and Penalties Act 1989 (the EOP Act) in that it did contravene Condition L4 of licence number 000378 issued to it pursuant to the Pollution Control Act 1970 and contrary to s 17D(9) of that Act. The defendant has entered a plea of not guilty.

2. The licence was issued in respect of North Head Sewage Treatment Plant at North Head and was in force between 1 July 1994 and 1 July 1995.

The Factual Circumstance relied upon by the Prosecutor

3. On 7 March 1995 the plant flooded. At about 3.00am in the morning it appears that a possum entered the Warringah Electricity Bulk Substation as a consequence of which there was widespread electrical power failure across the northern beaches peninsular area and all mains power to the sewage treatment plant ceased.