Knowles v Maradono Pty Limited [1989] NSWLEC 167

Land and Environment Court of New South Wales

CITATION : Knowles v Maradono Pty Limited [1989] NSWLEC 167 APPLICANT Knowles PARTIES : RESPONDENT Maradono Pty Limited

FILE NUMBER(S) : 50019 of 1987 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Clean Waters Act 1970 CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 03/09/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: The defendant company, Maradono Pty. Limited, pleads guilty to an offence that on 11 March 1987 it did pollute waters of the Horseshoe lagoon, Bedgerebong, contrary to s.16(1) of the Clean Waters Act, 1970.

The prosecutor, Terrence John Knowles, is a pollution control inspector with the State Pollution Control Commission. On 11 March 1987 he went to the defendant's property 'Kaloola' at Bedgerebong via Forbes. At the time the defendant carried on an intensively housed piggery on the property.

The prosecutor observed piggery waste being discharged from four sheds and flowing along a network of drains into the Horseshoe lagoon. The lagoon was then about three quarters full with water. At the point of discharge into the lagoon the flow of waste was estimated at 20 litres per minute. Mr. Knowles took a sample which was analysed by a senior technical officer at the Commission. The biochemical oxygen demand (BOD) was found to be 1,500 milligrams per litre and the total non-filterable residue l,l00 milligrams per litre.

Mr. Knowles spoke to a Mr. Hoffman, the Manager of the piggery. The Manager intimated that discharge of wastes into the lagoon was continuing to occur because a pump was still awaiting delivery. The pump, ordered some 7 months earlier, was, according to Mr. Hoffman, not expected for another 7 weeks.