1. Contravene requirements of notice at Shepparton on 22.05.2019, contrary to s.62A(3).

2. Contravene requirements of notice at Shepparton on 12.10.2019, contrary to s.62A(3).

Nonferral Recycling Pty Ltd (NONFERRAL) operates at 35 Swainston Road, Shepparton East, Victoria.

Joe RIGOLI was the sole director of NONFERRAL between 26 February 2009 and 18 August 2016, and again from 12 June 2018 onwards.

NONFERRAL did not have any licence(s) under the Environment Protection Act 1970 (EP Act 1970), nor did it have any planning permits allowing the storage or processing of waste at the premises (which is located in a farming zone).

NONFERRAL was issued with Clean Up Notice 90007134 on 9 October 2017. NONFERRAL contravened the Clean Up Notice by failing to remove all prescribed industrial waste from the premises to facilities licenced to accept such material.

Samples were taken at the site on 16 August 2018 from 20 litre aluminium pails and 200 litre lead slag drums. Laboratory results classified aluminum samples as dangerous goods class DG4.1 packaging II, and lead samples as containing concentrations of lead from 23,300 ppm to 219,000 ppm.

The concentrations of lead in the lead slag/cupel samples were such that they were ‘Category A’ Prescribed Industrial Waste under the EP Act 1970. The aluminium paste/powder samples were all Dangerous Goods Class 4 Division 4.1 and thereby considered to be ‘Category A’ Prescribed Industrial Waste under the EP Act 1970, due to its flammable characteristics. The characteristics of the aluminium materials included that they were dangerous when wet.

NONFERRAL was issued with Clean Up Notice 900099387 on 24 July 2019. NONFERRAL contravened the requirement of that notice by failing to modify the configuration of stockpiles of combustible recyclable and waste materials stored outdoors at the premises in accordance with the requirements as set out in EPA Publication 1667.2 Management and Storage of Combustible Recyclable and Waste Materials.

On 25 October 2019 a drone flight over the premises was conducted in order to determine compliance with the Clean Up Notice. The stockpiles visible from the road side in Area F remained largely unchanged and from a review of the images it was identified that the majority of the waste was still in situ with a small amount having been moved about the premises to new locations

The proceedings

The criminal proceedings were stayed following NONFERRAL challenging the validity of the Clean Up Notices in the Supreme Court. The matters returned before the Magistrates Court in July 2023.