Land and Environment Court
of New South Wales
CITATION: Environment Protection Authority v Tenterfield Shire Council [2000] NSWLEC 229 PARTIES: PROSECUTOR:
Environment Protection Authority
DEFENDANT:
Tenterfield Shire CouncilFILE NUMBER(S): 50015 of 2000 CORAM: Lloyd J KEY ISSUES: Environmental Offences :- water pollution - overflow from council sewage treatment plant - guilty plea - principles in sentencing public utilities - penalty
LEGISLATION CITED: Clean Waters Act 1979 s 16(1)
Crimes (Sentencing Procedure) Act 1999 s 22
Environmental Offences and Penalties Act 1989 s 8B(1), s 9CASES CITED: Environment Protection Authority v Bega Shire Council, Sheahan J, NSWLEC, 14 August 1998, unreported;
Environment Protection Authority v Forestry Commission, Sheahan J, NSWLEC, 23 July 1997, unreported;
Environment Protection Authority v Gosford City Council [2000] NSWLEC 154, unreported;
Environment Protection Authority v Lake Macquarie City Council [1999] NSWLEC 4, unreported;
Environment Protection Authority v Orange City Council, Stein J, NSWLEC, 23 June 1995, unreported;
Environment Protection Authority v Sydney Water Corporation [2000] NSWLEC 156, unreported;
Environment Protection Authority v The Shell Company of Australia Limited [2000] NSWLEC 156, unreported;
R v Olbrich (1999) 73 ALJR 1550; 166 ALR 330;
R v Storey (1998) 1 VR 359DATES OF HEARING: 25/08/2000 DATE OF JUDGMENT:
11/07/2000LEGAL REPRESENTATIVES: DEFENDANT:
PROSECUTOR:
Mr M M Kelly (Solicitor)
SOLICITORS:
Stephen Garrett
Mr J B Maston (Barrister)
SOLICITORS:
Taylor Kelso
JUDGMENT:
6
IN THE LAND AND Matters No: 50015 of 2000
ENVIRONMENT COURT Coram: Lloyd J
OF NEW SOUTH WALES Decision date:7 November 2000
Environment Protection Authority
Prosecutor
v
Tenterfield Shire Council
Defendant
REASONS FOR JUDGMENTIntroduction
1. The defendant, Tenterfield Shire Council (the “council”) is charged with polluting water, in breach of section 16 of the Clean Waters Act 1970. The council has pleaded guilty at an early stage in these proceedings and has co-operated with the prosecutor, the Environment Protection Authority (the “EPA”) in its investigation of the offence.
2. The council operates a sewage treatment plant to the north of Tenterfield, which receives sewage from the majority of the town of Tenterfield. The plant is licensed by the EPA.
Summary of Facts
3. The facts which I now describe are derived from an agreed statement of facts and supplemented by affidavit evidence.
4. The council’s licence for the sewage treatment plant allows the discharge of treated effluent from the plant to a detention pond about 600m to the north of the plant. Following detention of the treated effluent for 30 days the effluent is then used for irrigation on adjacent land and the Tenterfield Golf Course. The licence allows excess tertiary treated effluent in the detention pond to be directly discharged into the creek.
5. On 20 April 1999, a relief employee of the council carried out a standard procedure of opening a valve to drain sludge from the secondary settling tank to a sludge digester at the plant. As the sludge was slow to drain from the settling tank , the employee decided to continue with other tasks…
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- Case
- [2000] NSWLEC 229
- Decision Date
CaseChat Overview and Summary
The court made the following orders: (1) the defendant is convicted of the offence as charged; (2) the defendant must pay a penalty of $15,000.00; (3) the defendant must pay the prosecutor’s costs in accordance with section 52(2) of the Land and Environment Court Act 1979; and (4) the exhibits may be returned.
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