Moore v Corowa Shire Council [2009] NSWLEC 59

Moore v Corowa Shire Council [2009] NSWLEC 59

No relief is granted because any established breaches of pollution or odour regulations are historic and remedial actions (new STP) have already been undertaken; the court's discretion is exercised to decline bare declarations and restorative orders where past issues are resolved and no evidence supports prospective breaches requiring intervention.

Parties
Applicant: Mark Haydn Moore; Respondent: Corowa Shire Council
Jurisdiction
Australia
Judgment Date
30 April 2009
Procedural Posture
Class 4 Application / Judgment
Outcome
application dismissed
Legal Topics
Injunctions, Declarations, Pollution of Waters, Emission of Offensive Odours, Breach of Licence Conditions, Discretion to Refuse 'bare' Declarations
Environmental Law Administrative Law Local Government Law Injunctions Declarations Pollution of Waters Emission of Offensive Odours Breach of Licence Conditions +1 more

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Parties

Mark Haydn Moore

Applicant

Corowa Shire Council

Respondent

Procedural Posture

Class 4 Application / Judgment

Legal Issues

  1. 1 Whether Corowa Shire Council breached s120 and s129 of the Protection of the Environment Operations Act 1997
  2. 2 Whether Council's operation of the Mulwala STP and use of channel amounted to pollution of waters and emission of offensive odours
  3. 3 Whether injunctive relief and declarations should be granted given past and future operation of sewage treatment plant

Ratio Decidendi

No relief is granted because any established breaches of pollution or odour regulations are historic and remedial actions (new STP) have already been undertaken; the court's discretion is exercised to decline bare declarations and restorative orders where past issues are resolved and no evidence supports prospective breaches requiring intervention.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • Costs are reserved.