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Media Release - Department of Water and Energy Date: 23 April 2009 ILLEGAL DREDGING COSTS HUNTER VALLEY OPERATOR $19,000 The NSW Department of Water and Energy today welcomed the conviction of Hexxon Minerals Pty Ltd for the illegal dredging of sand within the Wollombi Brook (near Singleton NSW).
“This conviction demonstrates the importance of people being aware of their legal and environmental responsibilities when undertaking activities within NSW water courses,” said David Harriss, NSW Deputy Director General of Water Management.
Downing Centre Local Court imposed a fine of $18,000 on Hexxon Minerals for illegally dredging Wollombi Brook in December 2007 and January 2008. Hexxon Minerals was also ordered by the Court to pay the Department of Water and Energy’s legal costs of $1,000.
“Charged under the Rivers and Foreshores Improvement Act 1948, Hexxon Minerals dredged Wollombi Brook without holding a valid permit to do so,” Mr Harriss said.
“The illegal dredging operations resulted in about 2,000 tonnes of sand unlawfully being removed from the bed of the Wollombi Brook.”
“All permits issued are subject to a number of conditions for the protection of the natural environment. Hexxon’s actions of dredging without proper consent were likely to have caused environmental harm,” Mr Harriss said
“This type of illegal activity not only poses an environmental threat to the waterway in which it occurs, but to downstream users as well.”
“This case also highlights the need for corporations and individuals to make sure they have systems in place to ensure they obtain and hold a valid approval whenever the legislation requires them to do so.”
Mr Harriss said the legislation under which the offence had occurred had recently changed with in-stream activities now issued with a ‘controlled activity’ approval under the Water Management Act 2000.
Under the Water Management Act 2000 the maximum penalty against a corporation for carrying out dredging operations without an approval is $1.1 million, and in the case of a continuing offence, a further penalty of $132,000 for each day the offence continues.
“The NSW Government is monitoring water use and in-stream activities closely to ensure this precious natural resource is shared fairly and is environmentally sustainable. The government will come down hard on people who break the law,” Mr Harriss said.
To confidentially report suspected illegal water related activities, contact the NSW Department of Water and Energy via free call 1800 633 362 or email watercompliance@dwe.nsw.gov.au
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