CHARGE:

1. Did contravene requirements of notice at Hazelwood North on 10 September 2018, contrary to s.62A(3).

Dasma Environmental Pty Ltd was fined $40,000 for failing to comply with the requirements of a clean-up notice at a site in Morwell and ordered to remove the waste by end of July 2023.

Dasma appeared at the LaTrobe Magistrates' Court and pleaded guilty to contraventions of requirements of a clean-up notice issued under the Environmental Protection Act 1970, and was fined $40,000 without conviction, and in addition, awarded costs to the EPA in the amount of $9,281.26.

EPA issued a Clean-Up notice in 2018 directing that Dasma remove waste materials from the Monash Way site and dispose of them at a premises licensed to accept industrial waste. This notice had not been complied with by the required date.

Dasma had issued judicial review proceedings in the Supreme Court of Victoria challenging the notices' validity on the basis that the stockpiled material was not 'waste' or 'industrial waste' under the EP Act 1970. EPA's position, that materials held by the company were waste, was upheld.

The company took the matter to the Court of Appeal, which dismissed the appeal and upheld the original decision of the Supreme Court. In addition, the Court of Appeal awarded costs to EPA.

Dasma had conducted clean-up of waste at Monash Way following the Court of Appeal's judgement, however EPA inspections found that materials remained.