- Type of offence
- 1. Civil matter seeking orders which were made by consent under s.309
- Background of offence
Kaye Bannister (the accused) is the owner of a rural property in Lockwood (near Bendigo). There were up to 10,000 used tyres stored on her land.
EPA do not allege that she was responsible for putting them there.
She was served an Environmental Action Notice to remove the tyres but she did not make any attempts to do so.
Due to the bush fire season and the potential for a catastrophic fire if the tyres were to burn, the EPA sought an order by the court for Kaye Bannister to remove the tyres.
The court made an order for half of the tyres to be removed within 3 months, and the remaining half to be configured into stockpiles to make them safe in the event of fire. The remaining tyres are then to be removed in two and half months.
- Date of court hearing
- 6 December 2023
- Date of court order
- 6 December 2023
- Court magistrate
- M Coghlan
- Court location
- Bendigo Magistrates' Court
- Proceeding number
- MAG-CI-230274831
Court orders made
Civil matter seeking orders which were made by consent under s.309.
1. The Respondent must immediately cease accepting industrial waste at a place or premises where it cannot be lawfully accepted.
2. On or before 6 March 2024, the Respondent must remove 5,000 waste tyres from the premises and dispose of the waste tyres to a place or premises that may lawfully accept that type of waste.
3. On or before 6 March 2024, the Respondent must provide to the Environment Protection Authority Victoria a report that shows that 5,000 waste tyres have been taken to a place or premises that may lawfully accept that type of waste.
4. On or before 6 March 2024 the tyres must be reconfigured into discrete stockpiles of no more than 20m long by 6m wide by 3m high with a minimum separation between stockpiles of 20m.
5. On or before 6 March 2024 the generator and fuel cannisters must be moved 50m or more away from all tyres.
6. On or before 21 May 2024, the Respondent must remove the remaining waste tyres from the premises and dispose of the waste tyres to a place or premises that may lawfully accept that type of waste.
7. On or before 21 May 2024, the Respondent must provide to the Environment Protection Authority Victoria a report that shows that the waste tyres have been taken to a place or premises that may lawfully accept that type of waste.
Reviewed 13 February 2024
