Central Coast Council has been convicted of two offences at Narara Creek in 2023 after pleading guilty in the Land and Environment Court in November.
In a decision made public on Friday, December 20, Council was fined $105,600.
The fine contained a discount for the early guilty plea and takes account of a council proposition to spend up to $151,900 on restoration works at Narara Creek wetlands.
The council was charged over a West Gosford sewer main break in 2023 that saw sewage discharge into the creek.
The court noted that Council pleaded guilty at the earliest opportunity; had worked in full cooperation with the NSW Environmental Protection Agency; had self reported the issues; and had no prior convictions.
The court noted that Council operates a large sewerage system and had one major leak from the West Gosford Rising Main in 2020 before the 2023 incident.
And a substantial leak occurred at Wamberal in January 2019.
“This history suggests that I cannot assume the Council is unlikely to re-offend given the scale of its responsibilities, accepting that it is using its best endeavours to achieve its responsibilities,” the judgement noted.
The court did not accept a council argument that it was in a unique position because of the 2020 financial crisis and being under administration.
Council had argued that this circumstance made it “inexpedient” to record a conviction against the Council which in effect did not exist.
Secondly, it had done everything it reasonably could to maintain the rising main and minimise risk to the environment given the financial circumstances it faced.
“Even if the Court forms the opinion that there was something more the Council could and therefore should have done, it is to be respectfully observed that it can only be a criticism of the Administrator appointed by the Minister,” Council said.
“The Administrator was in charge and responsible for the Council for two and a half years prior to the 2023 incident.”
The judgement stated: “The Council’s submission that its unique circumstances do not warrant a penalty for general deterrence purposes is not accepted”.
“As the EPA submitted, all councils face the challenge of budget management and the Council’s financial issues are self-inflicted.
“Further, as already held above, I must consider the Council as a whole not its constituent parts such as elected councillors and staff.”
In 2022/2023, Council was in the process of investigations to determine and assess the need for pipeline replacement in the vicinity of the incident.
Since then, Council has brought forward capital works plans to replace about 2kms of the pipeline.
This will now start in 2025 and is expected to be completed by 2026.
The pipeline takes raw sewerage through a connecting series of pump stations and pipelines that service Somersby, Kariong, Koolewong, Tascott, Point Clare, West Gosford and parts of Gosford.
It is then pumped across to Wyoming and North Gosford and through the Springfield sewer tunnel to Erina, eventually ending at Kincumber Sewage Treatment Plant.
