Central Coast Council has been convicted of two offences relating to the discharge of raw sewage into Narara Creek in 2023 after pleading guilty in the Land and Environment Court.
In a decision made public on Friday, December 20, Council was fined $105,600.
The fine contained a discount for an early guilty plea in November and took account of a Council proposition to spend up to $151,900 on restoration works at the creek’s wetlands.
At issue was a West Gosford sewer main break in 2023 which 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.
It also 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 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 at the time.
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, the argument said.
“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.”
But the court refused to accept the premise that circumstances did not warrant a penalty for general deterrence purposes.
“As the EPA submitted, all councils face the challenge of budget management and the Council’s financial issues are self-inflicted,” the judgement said.
“Further … 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 2km 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.
Here comes another rate rise
Where does it end ? When does it end ? Notice that The Ratepayers and the General Population, which I concede can seem to be largely apathetic and ambivalent about such things, are not informed about it until it actually goes to Court. Why ? In my view Councils are just not up to handling Sewage Systems alone, they need Financial Help, but because Councils are not recognised even under our somewhat
Out Of Date Constitution, even a Benevolent Federal Government cannot help. One of the main Sewage
Outlets for our Beloved Central Coast is right on the door-step, virtually right at The Sea’s Edge, at
“ Crack Neck Point, “ Bateau Bay, Central Coast Council says that The Sewage is “ Treated. “ Really !
To what extent ? Sewage Treatment can be complex and it can vary, how about some real specifics from
Council and an Honest Assessment of the Quality of this “ Treated Sewage “ spewing out right next to The Shore ? At the very least, in my opinion, The Outlet should be Three ( 3 ) Kilometres at least from The Shore at “ Crack Neck Point ,” Bateau Bay. But who pays ? As in America, a lot of
“ Duck-Shoving “ here, The Federal Governments Duck-Shove the problem to The State Governments,
The State Governments Duck-Shove the problem to The Councils, The Councils go Broke !
wow council or administrators really should be deducted out of there salaries. taxpayers and ratepayers have to cop the bill for their mistakes and incompetence. they are paid big money and no responsibility taken. unbelievable but that’s what they are irresponsible government bluders
when will council be held responsible for the constant raw sewage overflows at Winnie bay?
Good on you Gosford bloody councillors. Yet another stuff up. How do you keep your jobs? I don’t want your job and nor should you if you can’t do better.
To be accurate, this happened while council was under the control of the Administrator, before councillors were elected to thier oversight positions.
And there’s still an environmental hazard that hasn’t been sorted along a tributary of Narara Creek between Pearson Street and Deane Street.
This is another case of Dumb and Dumber. I just cannot figure out who is dumber, the elected council members or the public who elects them.
This fine should be paid by the CCC executive team primarily Hart and Farmer not the ratepayer, we did nothing wrong.