Hair v Sydney Harbour Tunnel Company Limited [1989] NSWLEC 177

Land and Environment Court of New South Wales

CITATION : Hair v Sydney Harbour Tunnel Company Limited [1989] NSWLEC 177 APPLICANT Douglas Hair PARTIES : RESPONDENT Habour Tunnel Company Limited FILE NUMBER(S) : 50019-48 of 1988 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: Clean Wtaers Act 1970 State Pollution Commisssion Act CASES CITED: Nicolaisen v. Coalcliff Colleries Pty Ltd (1984) DATES OF HEARING: DATE OF JUDGMENT: 04/05/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

His Honour: The Sydney Harbour Tunnel Company Limited (the Company) is charged with three offences under the Clean Waters Act and three offences under the State Pollution Control Commission Act. It has pleaded guilty to all six charges. Specifically, it has pleaded guilty to charges that on 11, 13 and 14 April 1988 it polluted the waters of Sydney Harbour in breach of s.16 of the Clean Waters Act and that on 11, 13 and 14 April 1988 in breach of a licence issued to it pursuant to the State Pollution Control Commission Act it contravened a condition of its licence.

Section 16(1) of the Clean Waters Act provides:

"A person shall not pollute any waters or cause or permit any waters to be polluted".

Section 16(6) of the Clean Waters Act provides that if a polluter holds a licence to pollute and does not pollute in contravention of the conditions of the licence, no offence under s.16(1) is committed. The maximum penalty for an offence under s.16(1), in respect of a corporation, is $40,000 for each offence.

Section 17A of the State Pollution Control Commission Act permits a person to apply to the Commission for a licence in respect of, inter alia, the pollution of waters within the meaning of the Clean Waters Act 1970. Section 17D empowers the Commission to grant a licence either subject to conditions or unconditionally. Section 17D(9) provides that any person, being the holder of the licence, contravening a condition of that licence is liable, in the case of a corporation, to a penalty not exceeding $40,000 for each offence.