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Author Topic: Heavy fines imposed on Kyogle landowner for failure to protect a water source  (Read 993 times)

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Heavy fines imposed on Kyogle landowner for failure to protect a water source
NSW Office of Water 23/7/14

The NSW Office of Water today welcomed the recent conviction and fine imposed on
a Kyogle landowner in the Kyogle Local Court for failure to protect a water source.
The landowner was found guilty of two charges brought against him by the Office of
Water, imposing fines of $40,000, as well as investigation and professional costs of
$11,000.
The landowner pleaded guilty to failing to comply with a Stop Work Order in relation
to work he was undertaking on a crossing in Cob O Corn Creek in Kyogle, as well as
a direction to protect the water source and water front land from further harm.
In his comments upon sentencing, Magistrate Heilpern noted that the offences where
very serious and the defendant’s failure to comply with the directions of the Office of
Water caused ongoing and significant harm to the environment which adversely
impacted the community at large.
Magistrate Heilpern also indicated there was a very strong need for the sentence to
have specific and general deterrence effect to warn other persons who might
consider committing similar offences in the future.
In addition to the fines imposed, the Court made a remediation order against the
defendant requiring the removal of the water-crossing, repair to the surrounding area
and re-planting of vegetation.
Acting Deputy Director General Water, Michael Bullen, said that these deliberate
actions were unacceptable to the community and the heavy fines imposed in the
case serve as a strong reminder to all landowners that compliance with the State’s
water management laws is taken seriously by both the NSW Office of Water and
NSW Courts.
Mr Bullen said the NSW Office of Water is committed to managing and protecting the
State’s water resources in a fair and sensible manner and will not hesitate to take the
appropriate action if people have broken the law including prosecution, which could
result in substantial fines or even gaol terms.
Anyone wishing to report suspected illegal water activities can do so confidentially on
1800 633 362 or by emailing - watercompliance@water.nsw.gov.au
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