Water Resources Commission v Jackson, Britton and Griffiths [1988] NSWLEC 141

Land and Environment Court of New South Wales

CITATION : Water Resources Commission v Jackson, Britton and Griffiths [1988] NSWLEC 141 APPLICANT Water Resources Commission

FIRST DEFENDANT Bruce Gordon Jackson PARTIES : SECOND DEFENDANT John Richard Britton

THIRD DEFENDANT Warwick David Griffiths FILE NUMBER(S) : 50013 of 1985 CORAM: Bignold J KEY ISSUES: :- Water Act 1912 LEGISLATION CITED: Fines And Penalties Act 1901 Water Resources Commission Act 1976 CASES CITED: Fairfield City Council v. Tisonu Pty. Ltd. (1988) DATES OF HEARING: DATE OF JUDGMENT: 10/07/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

Bignold J.: I publish my reasons for orders, recording convictions and imposing penalties, I pronounced on 21st September, 1988 and 23rd September, 1988 in these proceedings.

Each of the three defendants has pleaded guilty to 29 separate charges laid against each defendant for separate offences against s.118 of the Water Act 1912 committed on various occasions during the period 6th February, 1985 to 4th March, 1985.

Section 118 relevantly provides:-

"Any person who ......... contravenes or fails to comply with or carry out any term, limitation or condition of the license ......... is guilty of an offence and is liable, on conviction --

(a) where the offence was committed by a corporation ..................................

(b) where the offence was committed by any other person - to a penalty not exceeding $10,000, and in the case of a continuing offence, to a further penalty not exceeding $1,000 for each day the offence continues,