The Importance of Environmental Principles Highlighted in Dispute

The NSW Land and Environment Court (LEC) recently considered proceedings brought against the Sydney Water Corporation. A key aspect was the context in which the Corporation was operating, its statutory functions and the conditions governing the exercise of those functions.

J.K. Williams Staff Pty Ltd v Sydney Water Corporation (2021)

The case concerned whether Sydney Water Corporation was responsible for the significant erosion caused to a bank of land owned by the company adjoining Boundary Creek in Penrith, NSW.

Sydney Water discharged treated effluent from its sewage treatment plant one kilometre upstream from the company’s land. Part of the company’s claim was that Sydney Water had breached its statutory duty of care and was liable for damages.

Sydney Water argued there was no breach of duty or causal link to its actions.

Findings

As part of its deliberations, the LEC noted the statutory context in which Sydney Water operates and its objective of meeting the principles of ecologically sustainable development. One of its principal objectives is to protect the environment by conducting its operations in compliance with the precautionary and the polluter-pays principles.

The LEC held that Sydney Water had been negligent and had breached a duty of care under the Conveyancing Act 1919 (NSW). The Corporation had failed to take reasonable precautions against the foreseeable risk of harm.

Contact our Land and Environment Court Lawyers in Sydney, NSW

Szabo & Associates Solicitors can provide expert assistance to clients involved in planning and environment law disputes. Please contact us on 02 9281 5088 or fill in the online contact form.