Case Background
By way of summons (“the Summons”) filed on 17 April 2014, Riverina (Australia) Pty Ltd (“Riverina”) was charged under the Environment Protection Authority (“EPA”) with an offence of polluting waters being a breach of section 120(1) of the Protection of the Environment Operations Act 1997 (NSW) (the “POEO Act”). The particulars of the charge alleged that Riverina disposed of waste material through a storm water drainage system which flowed down a number of drainage lines and then discharged into a main body of water. Relevantly, the items forming the manner of contravention as set out in the Summons were separated by the words “and/or”. [...]
