Date of offence
Between 16 June 2017 to 1 November 2021
Type of offence

Charges:

1. Dump industrial waste at Braeside on 16 June 2017, contrary to s.27A(2).

2. Failed to comply with environmental action notice at Braeside on 1 November 2021, contrary to s.290(1).

Background of offence

The accused and co-accused (married) owned and operated a waste and resource company “AAZ Recycling and Waste Management Pty Ltd” which was situated in Clayton.  On the sale of that company they needed to relocate the waste.  They entered a verbal agreement with a former employee of theirs who had a lease on a warehouse in Braeside.  The agreement was for the temporary storage of a minor amount of waste. They then transported 8000m3 of industrial waste to the warehouse between 16 June and 30 August 2017.
EPA issued an EAN on 21 October 2021.  The requirements of the EAN were for
1. A clean-up plan to be provided to the EPA
2. A clean up to be conducted and
3. A report of the clean-up to be provided to the EPA.
The EAN was not complied with.

Date of court hearing
14 August 2023
Date of court order
15 August 2023
Court magistrate
J L O'Callaghan
Court location
Dandenong
Proceeding number
N11547504

Court orders made

Without conviction, fined $35,000.00 as part of an aggregate order, with  $2,688.00 costs to the EPA.

But for the plea of guilty, Magistrate O'Callaghan would have otherwise imposed a $100,000 fine.

 

Reviewed 3 October 2023