A Morwell waste management company has been fined $40,000 for failing to comply with the requirements of a clean-up notice at a site in Morwell and ordered to remove the waste by end of July this year.

Dasma Environmental Pty Ltd must remove waste from a site at Monash Way in Morwell including all mixed plastic, metal and relocate it to a premises authorised by EPA Victoria.

Dasma, appearing in the LaTrobe Magistrates Court, pleaded guilty to contraventions of requirements of a clean-up notice issued under the Environment Protection Act 1970, and was fined $40,000 without conviction, and in addition, awarded costs to EPA.

EPA issued a Clean-Up notice in 2018 directing that Dasma remove waste materials from the Monash Way site and dispose of them at a premises licensed to accept industrial waste. This notice had not been complied with by the required date.

Dasma had issued judicial review proceedings in the Supreme Court of Victoria challenging the notices’ validity on the basis that the stockpiled material was not ‘waste’ or ‘industrial waste’ under the EP Act 1970. EPA’s position, that materials held by the company were waste, was upheld.

The company took the matter to the Court of Appeal, which dismissed the appeal and upheld the original decision of the Supreme Court. In addition, the Court of Appeal awarded costs to EPA.

Dasma had conducted clean-up of waste at Monash Way following the Court of Appeal’s judgement, however EPA inspections found that materials remained.

Members of the public can report pollution by calling EPA’s 24-hour hotline on 1300 372 842 or providing details online at www.epa.vic.gov.au/report-pollution/reporting-pollution

Reviewed 15 May 2023