Environment Protection Authority v Hunter Water Corporation

Environment Protection Authority took proceedings against Hunter Water Corporation in the Land and Environment Court of New South Wales. The dispute concerns alleged breaches of the Protection of the Environment Operations Act 1997 (POEO Act) by Hunter Water in relation to its wastewater discharges into the Hunter River. The EPA sought various remedies including fines, compliance orders and directions for remediation. Hunter Water argued that its discharges were within permitted limits and that the EPA’s claims were unfounded.

The key legal issues for the court were whether Hunter Water had breached the relevant conditions of its consent under thePOEO Act, and if so, what the appropriate remedies should be. The court had to determine whether the EPA had established that Hunter Water’s wastewater discharges exceeded the permitted levels set out in its consent. The court also considered whether Hunter Water had contravened the general environmental protection standards under thePOEO Act. The court examined the evidence presented by both parties and assessed Hunter Water’s compliance with its consent conditions.

The court found that Hunter Water had indeed breached the conditions of its consent by discharging wastewater that exceeded the permitted levels on numerous occasions. The court found that the EPA had established this fact on the balance of probabilities. The court held that Hunter Water was in breach of thePOEO Act and ordered Hunter Water to pay a penalty, comply with specific conditions to address its discharges, and take further steps to remediate the Hunter River. The court also ordered Hunter Water to implement a monitoring and reporting regime to ensure future compliance.