NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Wollongong City Council v Belmorgan Property Development Pty Limited [2008] NSWLEC 291
PROSECUTOR: Wollongong City Council PARTIES : DEFENDANT: Belmorgan Property Development Pty Limited
FILE NUMBER(S) : 50013 of 2008
CORAM: Biscoe J
KEY ISSUES: Environmental Offences :- plea of guilty to oil pollution of waters contrary to s 120(1) Protection of the Environment Operations Act 1997 - appropriate sentence.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(3)(e) Protection of the Environment Operations Act 1997 (NSW), s 120(1), 123(a), 203(2), 241(1), 257
CASES CITED: Cabonne Shire Council v Environment Protection Authority (2001) 115 LGERA 304 R v Thompson; R v Houlton (2000) 49 NSWLR 383
DATES OF HEARING: 23-24 September 2008
EX TEMPORE JUDGMENT DATE : 24 September 2008
PROSECUTOR: Mr T. Howard SOLICITORS: Kells The Lawyers LEGAL REPRESENTATIVES: DEFENDANT: Mr J. Doyle SOLICITORS: Thomson Playford
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BISCOE J
24 September 2008
50013 of 2008
WOLLONGONG CITY COUNCIL v BELMORGAN PROPERTY DEVELOPMENT PTY LIMITED
JUDGMENT 1 HIS HONOUR: The defendant has pleaded guilty to the charge that on 27 February 2007 at Wollongong it committed an offence against s 120(1) of the Protection of the Environment Operations Act 1997 (POEO Act) in that it did pollute waters. The pollutant was oil or liquid containing oil. The waters that were polluted were wetlands located at and near the Wollongong Golf Club and water stored in the stormwater pipes and channels located upstream of and draining to the wetland, being stormwater pipes and channels in Burelli Street, Corrimal Street and Bank Street, Wollongong. 2 The defendant has the management or control of the premises from which the pollution occurred, which was a development site located on the corner of Burelli and Corrimal Streets. The defendant is taken to have caused the pollution pursuant to s 257 of the POEO Act because it was the occupier of the premises.
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