Date of offence
20 Mar 2019
Type of offence

Charges:

1. Did contravene requirements of a clean up notice at Wodonga on 20.03.2019, contrary to s.62A(3).

Background of offense
  1. On 8 January 2019, Clean Up Notice #90009546 (the notice) was served on Craig Cartwright (the accused) in relation to industrial waste stockpiled at the premises located at Lot 1 TP423757S, Carrolls Lane, Wodonga (the premises).
  2. The notice directed the accused to take the following actions:

    By 20 March 2019, you must remove all the Industrial Waste deposited at the premises and dispose of it at premises licensed or permitted to receive such waste.

    By 27 March 2019, you must, in writing to the authorised officer listed on page four of this notice, provide a report that:

    a) specifies how the clean-up of the premises has been achieved, and

    b) is signed by your managing director, most senior executive, or a person authorised to sign on behalf of the notice recipient.

  3. On 2 April 2019, EPA Officers attended the premises to assess compliance with the requirements of the notice. During the inspection it was observed that a large quantity of industrial waste remained on the premises in contravention of the requirements of the notice.
  4. On 3 July 2019, the accused was interviewed in relation to allegedly contravening the requirements of the notice. During the interview, the accused made admissions that he had failed to comply with the requirements of the notice.
  5. On 11 May 2021, at Wodonga Magistrates Court, the accused entered a plea of ‘guilty’ in relation to one charge of contravening, without reasonable cause, a requirement of Clean Up Notice #90009546.
  6. The accused was sentenced, without conviction, and ordered to be of good behaviour for 1 year (bond), and pay $5000.00 to the Court Fund.
Date of court hearing
11 May 2021
Date of court order
14 May 2021
Court magistrate
I J Watkins
Court location
Wodonga Magistrates' Court
Proceeding number
L11666962

Court orders made

Without conviction, Adjourned to Wodonga Magistrates' Court on 11.05.2022

Accused released upon giving an Undertaking starting on 11/05/2021.

To appear before adjourned date if called upon during the period of adjournment.

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

The Accused is to pay $5,000.00 to the Court Fund.

Stay to 08/06/2021.

Reviewed 19 July 2021