Date of offence
Between 18 June 2019 and 14 May 2020.
Type of offence

1. Did cause an environmental hazard at Benalla on 18.06.2019, contrary to s.66B.

2. Did cause an environmental hazard at Benalla on 19.06.2019, contrary to s.66B.

3. Did cause an environmental hazard at Benalla on 02.08.2019, contrary to s.66B.

4. Did cause an environmental hazard at Benalla on 14.05.2020, contrary to s.66B.

5. Did cause an environmental hazard at Benalla on 14.05.2020, contrary to s.66B.

6. Did disobey conditions of licence at Benalla on 14.05.2020, contrary to s.27(2).

Background of offense

Monsbent Pty Ltd (Monsbent), operate a particleboard manufacturing facility at 43 Yarrawonga Road, Benalla, Victoria and are the holder of EPA Licence 9379. David Henderson is the sole director of the Company.

On 25 September 2019, as part of Monsbent's licence conditions, it provided the EPA with a copy of its Annual Performance Statement (APS) 2018-2019.

Upon EPA's review, the APS identified:

- two discharges to air condition exceedances on the 18 June 2019 and three on 19 June 2019.

- a discharge of nuisance airborne particles beyon the boundaries of the premises on 3 August 2019 which was not reported to the EPA as was required b its licence.

Further, a report compiled in accordance with the requirements of Pollution Abatement Notice (No.90011163) identified that on various dates in May and June 2020 further discharges to the atmosphere occured which exceeded the conditions of its licence of oxides of nitrogen, small particles, carbon monoxide, volatile organic compounds and formaldehyde.

Date of court hearing
15 September 2021
Date of court order
15 September 2021
Court magistrate
D J Faram
Court location
Shepparton
Proceeding number
M10113486

Court orders made

Without conviction, adjourned to Shepparton Magistrates' Court on 14.03.2022.

Accused released upon giving an Undertaking starting on 15.09.2021.

To appear before adjourned date if called upon during the period of adjournment.

Accused to be of good behaviour during the period of adjournment.

Pursuant to s.67AC of the Act, the Accused publish a notice in the agreed form.

Pursuant to s.67AC of the Act, the Accused pay the sum of $80,000 to the Winton Wetlands Project, the Accused be jointly and severally liable for the payment with the co-accused Monsbent Pty Ltd.

Reviewed 28 September 2021