Date of offence
Between 01 Nov 2021 to 06 June 2022
Type of offence

1. Engaged prescribed operating activity without a licence at Pakenham from 01.09.21 to 31.03.22, contrary to s.45(1).

2. Deposit industrial waste without authority at Pakenham from 01.09.21 to 31.03.22, contrary to s.133(3).

3. Received industrial waste without authority at Pakenham from 01.09.21 to 31.03.22, contrary to s.134(2)

4. Failed to comply with improvement notice at Pakenham on 10.01.22, contrary to s.286(1).

5. Failed to comply with improvement notice at Pakenham on 10.01.22, contrary to s.286(1).

6. & 7. Failed to comply with improvement notice at Pakenham on 10.01.22, contrary to s.286(1).

8. Failed to comply with Prohibition notice at Pakenham on 23.12.21, contrary to s.287(1).

9. & 10. Failed to comply with Environmental Action Notice at Pakenham on 07.03.22, contrary to s.290(1).

11. Failed to comply with the REPORTING CONDITION OF an Environmental Action Notice at Pakenham on 14.03.22, contrary to s.290(3).

12. Struckout - Withdrawn

13. Failed to comply with Environmental Action Notice at Pakenham on 30.05.22, contrary to s.290(1).

14. Failed to comply with the REPORTING CONDITION OF an Environmental Action Notice at Pakenham on 06.06.22, contrary to s.290(3).

Background of offence
VITKA Enterprises (and director Vidanelage FONSEKA) trading as VT Tyres in Pakenham.  Without a licence they were storing and receiving waste tyres.  They failed to comply with three Improvement Notices as well as a Prohibition Notice prohibiting the acceptance of combustible waste including waste tyres.  Noncompliance with EAN requiring reducing volume of whole and shredded car tyres, and reconfigure stockpiles of tyres and associate reporting requirements.  Noncompliance with EAN requiring them to cease accepting further industrial waste (tyres), and remove and clean up waste including whole and shredded tyres.
Date of court hearing
26 February 2024
Date of court order
29 February 2024
Court magistrate
R H Radford
Court location
Dandenong
Proceeding number
P10508714

Court orders made

Without conviction, fined $10,000.00 as part of an aggregate order, and ordered to pay EPA costs in the amount of $7,925.00.

Reviewed 25 March 2024