Australia, Sept. 10 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 11:

1. By four amended summonses filed by WaterNSW on 27 September 2018, Kiangatha Holdings Pty Ltd ("Kiangatha") and Laurence Natale were each charged with two offences against s 120(1) of the Protection of the Environment Operations Act 1997 ("POEOA").

2. The offences related to the pollution of waters during the construction of a dirt road between 8 and 10 kms on land owned by Kiangatha, located approximately 15 kms west of Katoomba in Ganbenang, NSW, in the Megalong Valley ("the property").

3. Kiangatha was the principal defendant in proceedings 2018/295909 and 2018/295910, and Natale, Kiangatha's director, was the defendant in proceedings 2018/295911 and 2018/295912 through the special executive liability provisions contained in s 169 of the POEOA.

4. All four amended summonses were ultimately withdrawn by WaterNSW. The amended summonses in respect of proceedings 2018/295910 and 2018/295912 ("Sites A and B") were withdrawn on 4 August 2023 and the amended summonses in respect of proceedings 2018/295909 and 2018/295911 ("Sites C and D") were withdrawn on 19 July 2024.

5. Kiangatha and Natale now seek an order that WaterNSW pay their professional costs of the proceedings pursuant to s 257C(1) of the Criminal Procedure Act 1986 ("CPA") on an indemnity basis, to be determined in accordance with s 257G of that Act.

6. In the alternative, Kiangatha and Natale seek that the Court grant them a certificate under s 2 of the Costs in Criminal Cases Act 1967 ("CCCA").

7. For the reasons that follow, I find that in relation to the charges referable to Sites A (proceedings 2018/295910) and B (proceedings 2018/295912), WaterNSW should pay Kiangatha and Natale's costs from 28 June 2023 on an ordinary basis, but that there is to be no order for costs in the defendants' favour in respect of Sites C and D (proceedings 2018/295909 and 2018/295911, respectively).

8. Further, the Court grants a costs certificate to Kiangatha and Natale in proceedings 2018/295910 and 2018/295912 (Sites A and B) but not in proceedings 2018/295909 and 2018/295911 (Sites C and D).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19896a1cbc31faad7a3b8e76)

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