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Central Coast Council convicted and penalised for water pollution after overflow of sewage into Narara Creek and Brisbane Waters

Published On

09/01/2025

Central Coast Council was prosecuted by the Environment Protection Authority (EPA) for two offences, for water pollution and breach of their Environmental Protection Licence. Between 13 and 15 April 2023, approximately 1,834,000 litres of untreated sewage was discharged into the environment, flowing overland and into Narara Creek, a tributary of Brisbane Water.

The incident occurred when a hole formed as a result of corrosion to the sewer pipe.

The overflow resulted in changes to the water quality for approximately 5 days. The incident resulted in potential odour impacts for residents and workers in the area surrounding Narara Creek, and potentially impacted the Estuarine Swamp Oak Forest – an ecological community located near the overflow location.

On 20 December 2024 the Land and Environment Court of New South Wales convicted Central Coast Council for two offences for breach of an Environmental Protection Licence and water pollution and was ordered to:

1)    In matter 2024/134236 the Defendant is convicted of the offence contrary to section 64(1) of the Protection of the Environment Operations Act 1997 (NSW), as charged.

2)    In matter 2024/134237 the Defendant is convicted of the offence contrary to section 120(1) of the Protection of the Environment Operations Act 1997 (NSW), as charged.

3)    The Defendant is fined the sum of $105,600.

4)    Pursuant to section 122 of the Fines Act 1996 (NSW), 50 percent of any fine imposed on the Defendant pursuant to order 3 above, is to be paid to the Prosecutor as a moiety.

5)    Pursuant to section 250(1)(a) of the Protection of the Environment Operations Act 1997 (NSW), the Defendant, at its own expense, is to:

a)    Within 42 days of the date of this order, cause a notice at a minimum size of 15cm by 15cm to be published within the first 10 pages of the following publications (or as close to the first 10 pages as can be accommodated having regard to the editorial requirements of the newspaper) with the text as set out in Annexure A to these orders:

i.    The Newcastle Herald; and
ii.    Central Coast Community News.

b)    Within 42 days of the date of this order, cause a notice to be published with the text as set out in Annexure A to these orders in the digital edition of the Daily Telegraph.

6)    Pursuant to section 250(1)(a) of the Protection of the Environment Operations Act 1997, the Defendant, at its own expense, is to:

a)    Within 28 days of the date of this order, the Defendant is to publicise the offences and the orders made against it by posting the text of Annexure A to these orders on its Facebook wall, together with a hyperlink directly to the Court’s judgment as published on the New South Wales Caselaw website and tagging the Environment Protection Authority in the post. The Facebook post is to be made between the times of 8am and 10am or between 4:30pm and 6:30pm (Australian Eastern Standard Time) on a weekday. The post must remain a pinned post on Facebook that remains at the top of Central Coast Council’s Facebook wall for a minimum of 7 days; and

b)    Within 28 days of the date of this order, cause the Defendant to publicise the offences and the orders made against the Defendant by posting a link to the Facebook post set out in order 6(a), together with a hyperlink directly to the Court’s judgment as published on the New South Wales Caselaw website and tagging the Environment Protection Authority on Central Coast Council’s Instagram account. The post on Instagram is to be made between the times of 8am and 10am or between 4:30pm and 6:30pm (Australian Eastern Standard Time) on a weekday. The post must remain a pinned post on Instagram that remains at the top of Central Coast Council’s wall for a minimum of 7 days.

c)    Within 28 days of the date of this order, cause the Defendant to publicise the offences and the orders made against the Defendant by posting a link to the Facebook post set out in order 6(a), together with a hyperlink directly to the Court’s judgment as published on the New South Wales Caselaw website and tagging the Environment Protection Authority on Central Coast Council’s LinkedIn account. The post on LinkedIn is to be made between the times of 8am and 10am or between 4:30pm and 6:30pm (Australian Eastern Standard Time) on a weekday. The post must remain a pinned post on LinkedIn that remains at the top of Central Coast Council’s wall for a minimum of 7 days.

7)    Pursuant to section 250(1)(c) of the Protection of the Environment Operations Act 1997, the Defendant is to, at its own expense and to the value of at least $151,900, complete the project set out at Annexure B to these orders (the Project), subject to the following conditions:

a)    The Defendant is to erect signs at each entry point to the project area described in Annexure B. The signs are to contain the information set out in Annexure C and:

i.    must be installed in an unobscured position at each entry point to the Project area as indicated in Inset 1 in Figure 1 in Annexure B;
ii.    if damaged or defaced must be rectified by the Defendant as soon as practicably possible; and
iii.    must not be removed without the written consent of the EPA.

b)    The Defendant must every three months provide the EPA with a report on the progress of the Project.

8)    Within 14 days of the date of publication of the notices referred to in orders 5 and 6, the Defendant must provide the Prosecutor with a complete copy of the notices as published pursuant to those orders.

9)    Pursuant to section 248 of the Protection of the Environment Operations Act 1997 (NSW), the Defendant is to pay the Prosecutor’s investigation costs of the proceedings in the amount of $33,562.

10)    Pursuant to section 257B of the Criminal Procedure Act 1986 (NSW), the Defendant is to pay the Prosecutor’s legal costs fixed in the amount of $127,500

The Court’s judgment may be accessed at https://www.caselaw.nsw.gov.au/decision/193dd96c0d874654dbc999e4#_Toc185587360 
 

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