Pecuniary Penalties Claims Examples

Construction Industry - Run Off

Breaches Involved

Section 120(1) Protection of the Environment Operations Act 1997 (NSW)

 

Case Details

An earthworks contractor was responsible for site preparation works in connection with the staged construction of 300 residential units as a part of a retirement village development.

 

Development was slowed, in its early stages by a period of greater than average rainfall. As a result, strain was placed upon two water control ponds which had been partially constructed, but not completed, on the lower perimeter of the sloping development site. The ponds failed discharging a large quantity of sediment-laden water into the wetlands area adjacent to the site.

 

The contractor had failed to take all available precautions to avoid the pollution event including: timely completion of the water control ponds as per design, installation of sufficient silt control fences; and seeding of large areas of bare earth.

The contractor was found guilty of an offence falling within the 'moderately serious' part of the spectrum of overall gravity of offences under section 120 of the Act. A 40% discount was applied to the fine imposed to reflect mitigating factors including the contractor's good record over many years.

 

Resulting Penalties

»  The contractor was fined $30,000 and ordered to pay the Council's costs of $40,000.

 

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