- Date of offence
- Between 02 December 2021 and 08 August 2022
- Type of offence
Charges:
1. Did receive industrial waste without authority at Whittlesea from 02 December 2021 to 03 December 2021, contrary to s.134(2).
3. Did provide false and misleading information at Whittlesea on 01 August 2022, contrary to s.463(3).
4. Failed to comply with Environmental Action Notice (EAN) at Whittlesea on 08 August 2022, contrary to s.290(1).
Charges 2 & 5: Struckout - Withdrawn.
- Background of offence
- The accused leased a property in Whittlesea and in the two weeks after signing the lease an illegal operation of waste delivery and burial took place. An excavator was used to dig and bury truckloads of industrial waste containing asbestos. The accused was served an information gathering notice to identify who leased the excavator and she provided information that was subsequently found to be false and misleading. The accused was then served with an Environmental Action Notice (EAN) to clean the waste from the site and dispose of it lawfully. The accused did not make any contact with the EPA and ignored the notice.
- Date of court hearing
- 21 February 2024
- Date of court order
- 21 February 2024
- Court magistrate
- T S Hoare
- Court location
- Heidelberg Magistrates' Court
- Proceeding number
- N12554044
Court orders made
Re Charge 1:
The accused is required to comply with the Environmental Action Notice (EAN) and remove all industrial waste at the premises including waste buried in the rear paddock, east of the residentail dwelling on the premises and dispose of this industrial waste to a place or premises that may lawfully accept this waste, by 20 May 2024.
But for the plea of guilty, the magistrate would have otherwise imposed a recording of a conviction and a significantly higher fine.
Without conviction, fined $35,000.00.
Re Charges 3 & 4:
But for the plea of guilty, the magistrate would have otherwise imposed a recording of a conviction and a significantly higher fine.
Without conviction, fined $1,000.00 as part of an aggregate order.
Reviewed 25 March 2024
