- Date of offence
- Between 29 May 2020 and 26 Sept 2020
- Type of offence
Charges:
1. Did contravene requirements of notice at Richmond on 26.09.2020, contrary to s.62A(3).
2. Did contravene requirements of notice at Richmond on or about 29.05.2020, contrary to s.62A(3).
3. Did contravene requirements of notice at Richmond on or about 29.05.2020, contrary to s.62A(3).
4. Did contravene requirements of notice at Richmond on or about 05.06.2020, contrary to s.62A(3).
- Background of offence
The court found developer Axcent Apartments Pty Ltd had failed to act on reports of soil and groundwater contamination at a develpment in 205 Burnley St, Richmond, ordering them to pay $500,000 on a site audit and remediation works; with any remaining funds going to charity.
The developer was allegedly aware of the unfavourable reports but went ahead with works despite that knowledge, with EPA taking action in December 2j019 and issuing a clean up notice requiring the company to conduct an environmental audit of the site, investigate and assess the soil, soil vapour and groundwater contamination at the premises, determine the ecological and health risk of contamination at the premises and develop a clean up plan for the premises.
The court found Axcent failed to comply with the requirements of that notice and ordered it make a payment by 20 January 2022, to a special trust account set up for environmental audits and remediation works. The company was convicted, has been placed on a good behaviour bond until 28 June 2024 and must complete the environmental audit by 29 March 2022.
- Date of court hearing
- 20 December 2021
- Date of court order
- 22 December 2021
- Court magistrate
- A T Capell
- Court location
- Melbourne
- Proceeding number
- 202117143
Court orders made
With conviction, adjourned to Melbourne Magistrates' Court on 28/06/2024.
Accused released upon giving an undertaking starting on 20/12/2021.
Accused to be of good behaviour during the period of adjournment.
Further Order conditions:
To, on or before 20th January 2022, pay $500,000 into Trust account held by Russell Kennedy Lawyers for the purpose of providing funds for the carrying out of the environmental audit for the property the subject of the section 64 Order including any remediation works conducted in accordance with the audit recommendations and, if any funds remain, that they be donated to a charity nominated by the EPA.
To comply with the Orders made this day pursuant to section 64 and section 67AC(2) of the EP Act 1970, Axcent Apartments Pty Ltd (Accused) ordered to pay costs in the amount of $6,655.94.
Reviewed 3 October 2023
