Compliance and enforcement

Hepburn Shire Council

  • Date of Offence Between 01 Jan 2002 and 14 Oct 2011
  • Type of Offence

    Alleged offences

    Deposit industrial waste at the premises, thereby making the premises a scheduled premises, without a works approval between 01.01.02 and 14.10.11, contrary to s.19A(3) and s.19(8) of the Act.

    Deposit industrial waste at the premises, being a  site not licensed to accept industrial waste of that kind between 01.07.07 and 14.10.11, contrary to s.27A(2)(a).

    Discard by burning industrial waste at the premises, being a site not licensed to accept industrial waste of that kind between 01.07.07 and 14.10.11, contrary to s.27A(2)(a).

  • Background of Offence
  • Remedial Action Taken by EPA
  • Date of Court Hearing 12 Jun 2015
  • Date of Court Orders 12 Jun 2015
  • Court Magistrate/Judge Not applicable.
  • Court Location Not applicable.
  • Proceeding Number
  • Reasons for Prosecutions
    In accordance with the Compliance and Enforcement Policy EPA was satisfied that an enforceable undertaking was an appropriate sanction because Hepburn Shire Council took active responsibility for the offences and  the sanction achieved a more effective and long term environmental outcome than prosecution.
  • Court Orders Made

    On 12 June 2015 the Authority accepted Hepburn Shire Council’s (Council) offer of an Enforceable Undertaking.  The Undertaking was offered in response to the alleged offences in contravention of the Act.

    Under the terms of the Undertaking, the Council commits to:

    1. Improve how it deals with green waste generated at transfer stations including implementation of green waste strategy that is in line with best practice.
    2. Undertake a community education program about waste disposal.
    3. Review all internal policies and procedures regarding the disposal of industrial waste – the work instructions will focus on the delivery of waste to Council transfer stations.
    4. Provide information and training to all current and future contractors regarding environmental management and the policies and procedures of the Council and deliver benefits to the local community.
    5. Present to Mayors/CEO forum and detail the breach of the Act and how the undertaking has improved the environmental performance of the council and deliver benefits to the local community.
    6. Present a workshop session at a Forum of the Grampians Central West Regional Management Group including sharing its revised environmental management policies and procedures.
    7. Install solar panels at the Clunes Warehouse (a community facility) and provide educational opportunities for the community on the benefits of alternative energy sources.
    8. Fund and manage the installation of interpretive sign at the Cenotaph in Clunes on Mount Beckworth that communications the Clunes community’s contribution to Australia’s military campaigns (including the single surviving “Lone Pine” that commemorates the end of the World War 1).

    The Council undertakes to engage at its own cost, an Auditor to verify the Council’s compliance with the terms of the Undertaking and to prepare a ‘final assessment report’ which outlines each undertaking and provides the auditor’s professional assessment of the Council’s compliance with the terms of each undertaking.

    The Council will provide the Authority with a copy of the Auditor’s ‘final assessment report’ and a written statement from its CEO that the Undertaking has been complied with.

    The Council has committed to the following cost of compliance with this Undertaking:

    (a)   $7,000 improving the Council’s environmental performance by fixing the problem that led to the alleged breach;

    (b)   $25,000 improving the Council’s environmental performance by innovating for improved environmental performance;

    (c)    $28,000 delivering benefit to the local area/environment that was affected by the alleged breach; and

    (d)   $2,000 assisting in improving the environmental performance of the relevant industry more broadly.

    The terms of the Enforceable Undertaking must be completed, with audit verification, no later than 30 September 2016.

Page last updated on 19 Oct 2016