Environment Protection Authority v Wollondilly Abattoirs Pty Ltd; Environment Protection Authority v Davis

The Environment Protection Authority (EPA) brought proceedings against Wollondilly Abattoirs Pty Ltd (Wollondilly) and its director, Davis, in the Land and Environment Court of New South Wales. The EPA alleged that Wollondilly had breached its waste management licence by discharging untreated effluent into a creek and had failed to comply with the Environmental Protection Act 1997. The case centred on whether Wollondilly had contravened its waste management licence and whether Davis, as a director, was liable for the breaches.

The court needed to determine whether Wollondilly had indeed discharged untreated effluent into the creek, which would constitute a breach of its waste management licence. Additionally, the court had to decide whether Davis, as a director, could be held personally liable for the breaches under the relevant statute. The court also examined whether Wollondilly had taken reasonable steps to prevent the breaches and if Davis had acted with due diligence in managing the company’s operations.

The court found that Wollondilly had indeed discharged untreated effluent into the creek, thereby breaching its waste management licence. The court held that Davis, as a director, was liable for the breaches because he failed to take reasonable steps to ensure that the company complied with the licence conditions. The court emphasised that Davis had a duty to manage the company’s operations diligently and had not fulfilled this duty adequately. Consequently, the court ordered Wollondilly to pay a penalty and directed Davis to personally pay a penalty for his role in the breaches. The court also mandated Wollondilly to take specific measures to rectify the environmental harm caused by the discharge.