State Pollution Control Commission v CSR Limited [1989] NSWLEC 213

Land and Environment Court of New South Wales

CITATION : State Pollution Control Commission v CSR Limited [1989] NSWLEC 213 APPLICANT State Pollution Control Commission PARTIES : RESPONDENT CSR Limited FILE NUMBER(S) : 50001 - 50014 of 1989 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: Clean Waters Act State Pollution Control Commission Act CASES CITED: Hair v The Sydney Harbour Tunnel Company 5 April 1989 (unreported) DATES OF HEARING: DATE OF JUDGMENT: 07/01/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

His Honour: The above fourteen prosecutions were heard together. Matters Nos: 50001/89, 50003/89 and 50006/89 were withdrawn and, accordingly, the formal order I make is that these proceedings be dismissed. In matters Nos: 50002/89, 50003/89, 50004/89, 50005/89, 50007/89, 50008/89, 50009/89, 50010/89, 50011/89, 50012/89, 50013/89, CSR Limited has pleaded guilty and, accordingly, the formal order I make is that in each case the Company stands convicted of the offence with which it is charged.

The offences, the subject of the pleas of guilty, occurred between 4 July 1988 and 11 August 1988. Four of the charges arise under s 16 of the Clean Waters Act and the remaining seven under s 17D(9) of the State Pollution Control Commission Act.

Section 16 of the Clean Waters Act provides that:

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

Section 16(6) provides that it shall not be an offence under s 16 for a person to pollute waters if he holds a licence and does not pollute the waters in contravention of the conditions of the licence.