Environment Protection Authority v. Forestry Commission Of New South Wales [1998] NSWLEC 149

Environment Protection Authority v. Forestry Commission Of New South Wales [1998] NSWLEC 149

Condition 61, as particularised by the harvesting plan, required not only compliance with the 40 metre maximum drainage-structure spacing at site B but also that drainage outlets not be directed into the drainage feature and drain into undisturbed vegetation. Although the mitre drain spacing was not proved non-compliant and it was not practicable to place a mitre drain near the protection strip during haulage, the outlet to the table drain at site B was directed into the drainage feature and not into undisturbed vegetation, proving contravention of condition 61 in matter 50007. Condition 76 required grass seeding at site A, grass seeding and coconut mesh at site B, and temporary measures...

Jurisdiction
Australia
Judgment Date
14 August 1998
Procedural Posture
Class 5 Prosecution for Alleged Contraventions of Pollution Control Licence Conditions During Logging Operations / Reserved Judgment on Three Defended Charges After Guilty Pleas to Those Charges Were Withdrawn; Findings Made Before Conviction, Penalty and Costs
Outcome
Offence in matter 50007 proved; offences in matters 50006 and 50010 not proved. Matters 50007, 50008 and 50009 stood over for further hearing on conviction, penalty and costs; dismissal and costs in matters 50006 and 50010 reserved.
Legal Topics
['pollution Control Licence Conditions' 'logging Operations' 'water Pollution Prevention' 'soil Erosion Control' 'road Drainage Structures' 'stabilisation Work at Crossing Approaches' 'construction of Licence Conditions' 'burden of Proof' 'tendency and Coincidence Evidence']
['environmental Law' 'pollution Control' 'forestry Regulation' 'criminal/environmental Prosecution'] ['pollution Control Licence Conditions' 'logging Operations' 'water Pollution Prevention' 'soil Erosion Control' 'road Drainage Structures' 'stabilisation Work at Crossing Approaches' 'construction of Licence Conditions' 'burden of Proof' 'tendency and Coincidence Evidence']

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Procedural Posture

Class 5 Prosecution for Alleged Contraventions of Pollution Control Licence Conditions During Logging Operations / Reserved Judgment on Three Defended Charges After Guilty Pleas to Those Charges Were Withdrawn; Findings Made Before Conviction, Penalty and Costs

Legal Issues

  1. 1 ['What conditions 61 and 76 of Schedule 4 of the Pollution Control Licence required State Forests to do when read with the harvesting plan.' 'Whether State Forests contravened condition 61 by failing to locate and construct road drainage structures at site B so as to minimise unchecked flow into a drainage line or watercourse.' 'Whether State Forests contravened condition 76 by failing to complete stabilisation work at crossing approaches at sites A and B within five days of crossing construction.' 'Whether soil conditions were unsuitable for the specified stabilisation measures and who bore the onus on that issue.' 'Whether temporary stabilisation measures such as silt-stop fencing were necessary.' 'Whether guilty pleas or facts in other matters established tendency or coincidence evidence proving the defended charges.']

Ratio Decidendi

Condition 61, as particularised by the harvesting plan, required not only compliance with the 40 metre maximum drainage-structure spacing at site B but also that drainage outlets not be directed into the drainage feature and drain into undisturbed vegetation. Although the mitre drain spacing was not proved non-compliant and it was not practicable to place a mitre drain near the protection strip during haulage, the outlet to the table drain at site B was directed into the drainage feature and not into undisturbed vegetation, proving contravention of condition 61 in matter 50007. Condition 76 required grass seeding at site A, grass seeding and coconut mesh at site B, and temporary measures...

Court Disposition

Offence in matter 50007 proved; offences in matters 50006 and 50010 not proved. Matters 50007, 50008 and 50009 stood over for further hearing on conviction, penalty and costs; dismissal and costs in matters 50006 and 50010 reserved.

Orders

  • ['I find proved the offence charged in matter 50007 that, on or about 29 January 1996, State Forests contravened condition 61 of Schedule 4 of its licence.' 'I find not proved the offences charged in matters 50006 and 50010 that, on or about 29 January 1996, State Forests contravened condition 76 of Schedule 4 of...