A Milton dairy farmer, convicted and fined for dairy effluent breaches last year, admitted five new charges before Judge Gordon Whiting, of Auckland, in the Environment Court in Balclutha yesterday.
Larry Alan Frost (46), admitted five charges of discharging effluent or silage leachate at an Adams Flat Rd farm.
Three of the incidents happened between October 28 and November 4, and the other two between December 4 and 8 last year.
The Otago Regional Council is prosecuting 17 South Otago dairy farmers or dairy companies for breaching its air or water regional plans by discharging dairy effluent on to land and/or into waterways during the 2008-09 dairy season.
It wanted fines to have a starting point of $30,000 - about twice that proposed in similar hearings last year.
Prosecutor Alastair Logan said all fines imposed on farmers and companies had to have a sting to them, instead of merely being regarded as a fee.
Penalties needed to act as a deterrent, he said.
The regional council was disappointed at the lack of compliance, especially after extensive publicity about penalties and the issuing of information newsletters to all Otago dairy farmers, he said.
Fines had to be higher than those imposed in past seasons, Mr Logan said.
In his summary of facts against Frost, Mr Logan said the incidents occurred on a new dairy farm which was on a tributary of the west branch of the Tokomairiro River.
In his 2008 court appearance, Frost was convicted and fined a total of $7500 for two breaches.
Mr Logan said no measures had been put in place to deal with effluent problems on the property.
Counsel Rex Chapman said Frost had not ignored the situation.
He had put his efforts into installing an effluent pond on the property which was converted into a dairy farm a year ago.
He said Frost was not in a position to pay a fine.
His family trust was very close to reaching its substantial overdraft arrangement.
A similar case resulted in a community work sentence being imposed instead of a fine.
Judge Whiting said he would sentence Frost when the court hearing resumes tomorrow morning.
CHARGES ADMITTED
Scott Douglas Keenan (42), company director, of Clydevale, together with Keenan Dairies Ltd, both admitted four charges each of discharging effluent which might have entered the Clutha River.
The breaches happened on two separate farms, one on Camphill Rd, between September 22 and 29 and the other on Pannetts Rd, on December 18 and 19 last year.
Counsel Phil Page said there was no evidence the river had been affected by any effluent discharge from either property.
There had been a breakdown in communication between Keenan and his herd manager.
Both defendants were conscientious farmers who held their environmental responsibilities very seriously.
He also disputed claims the message about complying with dairy rules was not being heeded in Otago, claiming it was being minded in Otago more than anywhere else in New Zealand.
Judge Whiting said although he was comfortable imposing penalties on individuals, he wanted time to carefully consider what, if any, penalty should be imposed on farmer-owned companies.
Judge Whiting reserved his decision on the charges against both Keenan and Keenan Dairies Ltd.
He will issue his written decision on September 15.
This was also the outcome of charges laid against Clutha Valley dairy farmer Richard Andrew Sharpin (51) who, together with Sharpin Bros Ltd, admitted two charges each of illegally discharging dairy effluent.
Two of the offences occurred on October 20 with the other two occurring on October 22.
