State Pollution Control Commission v CSR Limited [1989] NSWLEC 213

State Pollution Control Commission v CSR Limited [1989] NSWLEC 213

CSR Limited committed separate offences under the Clean Waters Act and the State Pollution Control Commission Act by discharging water with excessive non-filtrable residue at specified points and dates. The offences are not overlapping and attract separate penalties; further, the significant potential for environmental harm must be reflected in the penalties imposed.

Jurisdiction
Australia
Judgment Date
01 July 1989
Procedural Posture
Prosecution / Post Plea, Sentencing
Outcome
Conviction and fines imposed; withdrawal and dismissal of three charges
Legal Topics
['water Pollution' 'licence Breach' 'environmental Penalty' 'clean Waters Act' 'state Pollution Control Commission Act']
['environmental Law'] ['water Pollution' 'licence Breach' 'environmental Penalty' 'clean Waters Act' 'state Pollution Control Commission Act']

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Procedural Posture

Prosecution / Post Plea, Sentencing

Legal Issues

  1. 1 ['Whether CSR Limited breached conditions of its pollution licence' 'Whether offences under Clean Waters Act and State Pollution Control Commission Act are distinct' 'Appropriate calculation and imposition of penalties including daily penalty' 'Environmental harm caused by pollution']

Ratio Decidendi

CSR Limited committed separate offences under the Clean Waters Act and the State Pollution Control Commission Act by discharging water with excessive non-filtrable residue at specified points and dates. The offences are not overlapping and attract separate penalties; further, the significant potential for environmental harm must be reflected in the penalties imposed.

Court Disposition

Conviction and fines imposed; withdrawal and dismissal of three charges

Orders

  • ['Proceedings for matters Nos: 50001/89, 50003/89 and 50006/89 dismissed' 'CSR Limited stands convicted on remaining charges' 'Fines totalling $60000 imposed on CSR Limited' 'Order for costs in favour of prosecutor in the sum of $3905, payment of costs to Crown Solicitor' 'Fines to be paid to Registrar of Land and...