Environment Protection Authority v Lithgow City Council

Environment Protection Authority brought proceedings against Lithgow City Council in relation to alleged breaches of environmental legislation at the Oakey Park Water Treatment Plant. The Court was required to determine whether the council had contravened specific provisions of the Protection of the Environment Operations Act 1997, including the alleged improper disposal of sludge and the discharge of backwash into Farmers Creek. The court also had to assess the appropriate penalties and remedial actions that the council should undertake.

The court found that Lithgow City Council had indeed contravened the relevant environmental legislation. The council was held liable for the improper disposal of sludge and for discharging backwash into Farmers Creek, contrary to the statutory provisions. The court was satisfied that the evidence demonstrated the council's failure to comply with the necessary environmental standards. Regarding the penalties, the court considered the seriousness of the breaches, the council's previous history, and its efforts to rectify the situation. The court imposed fines and ordered specific remedial actions to be undertaken at the treatment plant. The court also required the council to provide detailed reports on the completed works and to pay costs to the prosecutor.

In summary, the court convicted Lithgow City Council of the charges brought by the Environment Protection Authority. The council was fined a total of $48,750 and ordered to undertake specific remedial works at the Oakey Park Water Treatment Plant, including relining and commissioning sludge lagoons, decommissioning and removing sludge from lagoon No 2, and discontinuing backwash discharge into Farmers Creek. The council was also required to notify and report to the relevant authorities on the completion of these works. Additionally, the council was ordered to pay costs to the prosecutor in the sum of $20,000.