Date of offence
On or about 23 July 2019
Type of offence

Charge:

1. Application under Section 64 of the Environment Protection Act 1970 for enforcement of Court orders requiring the removal of all industrial waste from the premises located at 320 Bacchus Marsh Road, Corio, made 29 July 2019.

Background of offence

On 29 July 2019, Ibrahim Ali Ibrahim (the accused) was found guilty of a number of offences under the EP Act, including permitting the deposit of industrial waste, in relation to the premises located at 320 Bacchus Marsh Road, Corio.

The sentence included an order made under Section 64 of the EP Act requiring the Accused to undertake a clean-up of the premises by 29 November 2019.

A compliance inspection of the premises undertaken in December 2019 revealed large amounts of industrial waste remaining on the premises.

In August 2020, proceedings were commenced by way of an application under Section 64 of the EP Act to enforce the Section 64 order.

The Accused was given multiple opportunities by the Court to undertake a full clean-up of the premises, however as of 18 January 2020, he had failed to do so.

Date of court hearing
18 January 2021
Date of court order
18 January 2021
Court magistrate
F J Holzer
Court location
Geelong
Proceeding number
J13100088

Court orders made

1. Application Granted:

Order that the Accused be fined for his contempt and non-compliance of my orders of 29 July 2019. 

A fine of $40,000 with conviction, together with legal costs of $9,886.25, such sums to be paid on or before 17 May 2021.

Reviewed 21 June 2021