Event and Time
Event Description
Charlotte Pass Snow Resort Pty Ltd ("the Resort") was charged under the Protection of the Environment Operations Act 1997 (“POEOA”) with two separate offences: 1. Pollute waters offence: Alleged unlawful discharge of partially treated effluent containing elevated levels of ammonia and nitrogen into a tributary of Spencers Creek. 2. Breach of licence offence: Alleged failure to maintain equipment in proper and efficient condition in contravention of a specific licence condition.
An initial hearing occurred on 7 July 2020, with motions to set aside the summons for both charges based on claims of duplicity and the uncertainty of the charges being legally known.
Application and Claims
- Pollute waters offence:
- Prosecution: Asserted that the Resort knowingly discharged polluted effluent on multiple occasions, constituting distinct offences for each discharge. - Defendant: Contended that the summons was duplicitous, arguing that each act of pollution should be charged as a separate offence rather than consolidated into a single charge.
- Breach of licence offence:
- Prosecution: Claimed that the Resort failed to maintain its sewage treatment equipment, as required by its environmental protection licence (EPL). - Defendant: Argued that the charge was duplicitous because it suggested multiple failures rather than focusing on a single, continuous offence.
Judicial Decisions
- The court found the pollute waters summons to be duplicitous, requiring the prosecution to amend the charges to clarify dimensions of each alleged offence.
- The breach of licence summons was not deemed duplicitous, affirming that a duty existed for the Resort to maintain its equipment, which had not been upheld.