Date of offence
Between 10 September 2022 and 27 September 2022
Type of offence
1. Received industrial waste without authority at Lascelles from 10 September 2022 to 27 September 2022, contrary to s.134(2).
Background of offence
On or around 8 September 2022, there was a fire at AG Store’s premises in Lacelles.
The Authority was notified of the fire on 10 September 2022, when it was reported by a member of the public that plastic grain covers were being burnt.
On 27 September 2022, at approximately 1310hrs EPA Officers attended the Premises and met with Luke Torpey, who identified themselves as the site manager.
Mr Torpey led the officers to a smouldering pile of industrial waste, which was in some parts still on fire.
The waste pile consisted of:
a. Burnt and partially burnt plastic covers used for grain silage;
b. Burnt mixed waste including drink cans, spray cans, plastic grease cartridges, metal buckets, polyvinyl chlorine, glass and glass bottles, cardboard biscuit box, an oil filter, and other unidentified metal items;
c. Burnt and partially unburnt tyres; and
d. A burnt mattress frame on top of the pile.
The total volume of burnt waste was estimated to be around 48,080 litres.
All of the waste contained in the burnt waste pile was generated from AG Store’s commercial activities at the Premises. No waste had been received from any other premises.
During the inspection, Mr Torpey informed the EPA officers that the cause of fire was unknown, but that it might have been caused accidentally by a spark from an angle grinder when he was working in the area on the day the fire started.
The waste fire created risks of environment harm through releasing hazardous metals and chemical including poly-chlorinated biphenyls which are associated with causes of cancer, as well as skin and respiratory issues.
At no time between 1 September 2022 and 30 September 2022 was AG Store permitted under the Act to burn industrial waste at the Premises. 
Date of court hearing
27 February 2024
Date of court order
28 February 2024
Court magistrate
G G Bailin
Court location
Horsham
Proceeding number
P12030177

Court orders made

Without conviction, adjourned to Horsham Magistrates' Court on 27 February 2025.

Accused released upon giving an Undertaking starting on 27 February 2024.

Accused to be of good behaviour during the period of adjournment.

The accused is to donate $7,500 to Lacelles CFA.

Ordered to pay EPA costs: $1,113.00

Stay to 26 August 2024

Reviewed 25 March 2024