Environment Protection Authority v Hunter Water Corporation

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Environment Protection Authority v Hunter Water Corporation [2016] NSWLEC 76 Hearing dates:2 May 2016Date of orders: 17 June 2016 Decision date: 17 June 2016 Jurisdiction:Class 5Before: Moore J Decision: See orders at [169] Catchwords: PROSECUTION – pollution of waters – discharge of acidic substance into watercourse – discharge over four-month period PROSECUTION – pollution of waters – discharge of large volume of treated water containing chlorine – discharge effected to flush the receiving waterway of the substance subject of the first charge PROSECUTION – breach of Environment Protection Licence condition – failure to maintain an acid transfer pump – failure to maintain pump caused leakage of the substance in the first prosecution PROSECUTION – breach of Environment Protection Licence condition – failure to operate a bund drain pipe valve – bund drain pipe valve left open for a period of four months PROSECUTIONS – whether the offences charged should be regarded as one composite and related group of offences or whether two distinct instances of offending – first pollution of waters offence together with both contravention of licence condition offences constitute a single instance of continuing offending conduct – offence of pollution of waters by flushing with treated water containing chlorine is a separate and distinct offence PENALTIES – assessment of seriousness of the offending conduct PENALTIES – appropriate to have regard to aggregation and proportionality for the group of three offences – appropriate to have regard to...