Environment Protection Authority v Cabonne Shire Council [2000] NSWLEC 272

Environment Protection Authority v Cabonne Shire Council [2000] NSWLEC 272

The defendant, through its employee, deliberately deposited raw sewerage at an unauthorised site resulting in pollution of waters, and while the council cooperated and took remedial measures, the offence was intentional and warranted a substantial penalty mitigated by the guilty plea.

Parties
Prosecutor: Environment Protection Authority; Defendant: Cabonne Shire Council
Jurisdiction
Australia
Judgment Date
30 November 2000
Procedural Posture
Prosecution / Sentence
Outcome
conviction and fine
Legal Topics
Pollution, Waste Disposal, Penalties for Environmental Offences
Environmental Law Pollution Waste Disposal Penalties for Environmental Offences

Case Brief

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Parties

Environment Protection Authority

Prosecutor

Cabonne Shire Council

Defendant

Procedural Posture

Prosecution / Sentence

Legal Issues

  1. 1 Whether the defendant polluted waters contrary to s 120(1) of the Protection of the Environment Operations Act 1997

Ratio Decidendi

The defendant, through its employee, deliberately deposited raw sewerage at an unauthorised site resulting in pollution of waters, and while the council cooperated and took remedial measures, the offence was intentional and warranted a substantial penalty mitigated by the guilty plea.

Court Disposition

conviction and fine

Orders

  • The defendant is convicted of the offence as charged and fined $75,000.
  • The defendant is ordered to pay the costs of the prosecutor in the sum of $7,000 within four weeks.