- Date of offence
- Between 01 Jan 2019 and 21 Apr 2020
- Type of offence
Charges:
1. Occupier contravene at Barnawartha North from 01.01.2019 to 21.04.2020, contrary to s.19A(8).
2. Did deposit industrial waste without being licensed at Barnawartha North form 01.01.2019 to 21.04.2020, contrary to s.27(1)(a).
3. Did permit the deposit of industrial waste at a premises not licensed to accept it at Barnawartha North from 01.01.2019 to 21.04.2020, contrary to s.27A(2).
- Background of offence
- Cavalier Homes Albury-Wodonga Pty Ltd (Cavalier AW) is a company pursuant to the records held by ASIC
under s.1274A of the Corporations Act 2001 (Cth). At the time of the offending the company
had two directors, Dale Jonathan PADDLE (the Accused) and a co-director who ceased to be co-director in
August 2020.
Cavalier AW operates in the Albury – Wodonga region building homes, extensions, and units.
The premises at 43 Moss Road, Barnawartha North, (Premises) is an acreage residential farming property
owned by Lisa PADDLE. The Premises does not hold an EPA licence or exemption that would enable it to
lawfully accept industrial waste as is required.
For a period of approximately two years between 2018 and 2020 Cavalier AW used the rear land of the premises
as a dumpsite to dispose of its industrial waste as an alternative to using a licensed waste management centre.
The dumpsite contained metal, corrugated roofing, wiring, plastic PVC piping, concrete piping, timber, black
plastic sheeting, house bricks, wooden pallets, plaster board, steel, and polystyrene. It also contained soils
ranging in appearance from dark brown, grey, and yellow orange coloured.
EPA officers estimated the dimensions of the dumpsite to be approximately 30m wide x 40m in length and to
be approximately 5m deep. Some of the waste had been buried.
The accused admitted that between 100 and 140 truckloads of building waste had been transported by a
Cavalier Homes AW owned truck and deposited at the premises resulting in approximately 840 cubic metres
of building waste containing materials such as brick waster, concrete, plastics wrapping and metal roofing.
This was said to be building waste from Cavalier AW building sites. Albury Waste Management Centre
charge $153 per tonne for construction and demolition waste which means the accused avoided in excess of
$100,000 of lawful waste disposal fees.
Cavalier Homes AW does not hold and has never held an EPA licence, approval, or exemption to deposit
solid industrial waste into land. The accused was cooperative, made admissions and complied with a Clean
Up Notice.
EPA inspected the land on 3 May (the day before court) and observed the site was clean except for a pile of
concrete and one skip filled with rubbish. The accused provided photographs, receipts and records to show he
had cleaned the site and lawfully disposed of the waste with Albury City at a total cost to the business of over
$370,000. - Date of court hearing
- 4 May 2021
- Date of court order
- 25 May 2021
- Court magistrate
- L I Martin
- Court location
- Wodonga Magistrates' Court
- Proceeding number
- M10502665
Court orders made
Without conviction, Adjourned to Wodonga Magistrates' Court on 03/05/2022.
Accused released upon giving an Undertaking starting on 04/05/2021.
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 $25,000.00 to the Court Fund.
Further order conditions:
Court Fund to be paid by 30 September 2021.
Stay to 30/09/2021
Cavalier Homes Albury-Wodonga Pty Ltd (Accused) ordered to pay costs in the amount of $588.92.
Reviewed 3 October 2023
