Spills into Waterways

Rural property owners should take care that pollutants are not allowed to escape into waterways. Such matters are governed by the Protection of the Environment Operations Act 1997 and fines for offences range up to $1m for corporations and $250,000.00 for individuals.

A recent case, Environment Protection Authority v Albury City Council (Land & Environment Court September 2009), although not involving an "on farm" offence, is instructive.

The case involved an unintentional discharge from a manhole in a sewage line of a pollutant, sewage effluent. Notwithstanding a detailed plan involving "fail safe" mechanisms to avoid spillage of sewage when the Council commenced maintenance works at its sewer pump station, there occurred an overflow of sewage which ended up in the Murray River. After the spillage the Council immediately put in place remedial action. Testing confirmed that there was bacterial contamination in the river downstream of the spill.

The Council pleaded guilty to the offence of polluting the river.

The Court found that the Council, notwithstanding that it had procedures in place to avoid spillage/pollution, was culpable because it acted "in partial disregard" of the objects of the Act among which were to reduce risks to human health and to prevent degradation of the environment. The Council was fined $45,000.00.

There are many on farm operations that could lead to pollution of land, streams and bodies of water. Rigorous procedures should be put in place to ensure that, even in the event of an unintended spillage, pollution is limited and can be contained so as not to cause harm to the environment.