An environmental consulting firm was recently fined for constructing two water bores without authorisation. Russell Kennedy acted on behalf of Southern Rural Water.
The firm was engaged by a property owner to assess potentially contaminated soils and groundwater. The firm’s consultants carried out a preliminary site investigation and, in the course of that investigation, constructed a number of bores. Those bores were not constructed in accordance with the ‘Minimum Construction Requirements for Water Bores in Australia’.
Her Honour Magistrate Bakos in the Melbourne Magistrates’ Court found that the firm constructed those boreholes without the required license.
In sentencing, Her Honour had regard to the operation of the Water Act 1989 (Vic) (Act) in protecting groundwater from potential contamination. Her Honour acknowledged that section 75A(3) was aimed at reducing risk to groundwater through the proper licensing of bores. She found that the firm had engaged in two with two breaches of section 75A(3) of the Act for carrying out a regulated activity, namely the construction of two bores, without authorisation.
The consulting firm was fined and ordered to pay costs, to the total amount of $23,125.40.