- Date of offence
- Between 24 August 2012 to 21 January 2021
- Type of offence
Charges:
1. Did dump industrial waste at unlicensed site at Garfield from 24 August 2012 to 18 January 2018, contrary to s.27A(2)(a).
2. Did deposit waste without a licence at Garfield from 24 August 2012 to 18 January 2018, contrary to s.27(1)(a).
3. Did contravene requirements of Notice at Garfield on 21 January 2021, contrary to s.62A(3).
- Background of offence
Peter Ellis (The accused) of Pakenham, pleaded guilty in the Dandenong Magistrates' Court to three separate charges - permitting industrial waste to be dumped at a premises that was not licensed to accept it, depositing waste without a licence, and contravening a Clean Up Notice.
He was fined $10,000 with conviction, and in addition, $5,000 in costs were awarded to EPA.
Ellis was the sole director of asbestos removal company Impact Demolition and Asbestos Removal Pty Ltd (degregistered in 2017).
An inspection of the site involving the use of drone technology identified about 30 cubic metres of asbestos waste and about 1000 cubic metres of mixed industrial waste on site, which was free of industrial waste prior to Ellis taking occupation of it.
In December 2020, EPA served a Clean Up Notice on Ellis, but he failed to comply.
- Date of court hearing
- 12 May 2023
- Date of court order
- 13 June 2023
- Court magistrate
- J L O'Callaghan
- Court location
- Dandenong
- Proceeding number
- M11244703
Court orders made
But for the plea of guilty, Magistrate J L O'Callaghan would have otherwise imposed a fine of $20,000.
With conviction, fined $10,000 as part of an aggregate order.
Peter Ellis (the accused) ordered to pay costs in the amount of $5,000 to EPA.
Reviewed 3 October 2023