Hall v Marrickville Council [2013] NSWLEC 1235

Land and Environment Court New South Wales

Medium Neutral Citation: Hall v Marrickville Council [2013] NSWLEC 1235 Hearing dates: 7 November 2013 Decision date: 07 November 2013 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Prevention notice (Item 1) issued by Marrickville Council on 2 July 2013 pursuant to s 96 of the Protection of the Environment Operations Act 1979 for the property at 31 Searl Street Petersham is confirmed but with the timeframe in column 3 varied to read "Within 48 hours from the date of the orders of the Court" 3. Clean up notice (Item 2) issued by Marrickville Council on 2 July 2013 pursuant to s 91 of the Protection of the Environment Operations Act 1979 for the property at 31 Searl Street Petersham is confirmed but with the timeframe in column 3 varied to read "Within 48 hours from the date of the orders of the Court". 4. The exhibits are retained. Catchwords: APPEAL: Prevention notice and Clean up direction - sewage being discharged from the property as a result of a malfunction of the sewerage system - whether notices justified Legislation Cited: Protection of the Environment Operations Act 1979 Category: Principal judgment Parties: Sarah June Hall (Applicant) Marrickville Council (Respondent) Representation: Litigant in person (Applicant) Ms J Blunden, solicitor (Respondent) - (Applicant) Marrickville Council (Respondent) File Number(s): 10582 of 2013

Judgment 1COMMISSIONER: This is an appeal against a Prevention notice and Clean up notice (the Notices) issued by Marrickville on 2 July 2013 pursuant to s 96 and s 91, respectively under the Protection of the Environment Operations Act 1979 (the Act) for the property at 31 Searl Street Petersham (the site). 2The Notices (Items 1 and 2) relevantly states: Premises: 31 Searl Street Petersham Background On Monday the 1st July 2013 a Council Officer observed sewage surcharging from the sewer gully on the western side of the subject premise. The sewage was flowing from the sewer gully down the western side of the property onto the neighbouring property and onto the footpath. The Officer experienced a strong and offensive odour emanating from the property and observed toilet paper and faeces on the property in the vicinity of the sewer gully. The sewage was seen to be flowing down the side of the property contaminating the footpath and verge in front of properties located at numbers 33, 35, 37 and 39 Searl Street, then flowing into the storm water system. Marrickville Council reasonably believes that sewage is being discharged from the property as a result of a malfunction of the sewerage system on the property. This sewage has created a pollution incident by entering the storm water system. Direction to take preventive action Marrickville Council directs Sarah Hall (property owner) to take the following action: Item Action required Timeframe 1. Engage a licensed plumber to investigate and repair the faulty sewerage system. Immediately 2. Any spillage of sewage onto public land, must be cleaned immediately, in an environmentally satisfactory manner. Immediately