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

1. Did disobey conditions of licence at Benalla on 18.06.2019, contrary to s.27(2).

2. Did disobey conditions of licence at Benalla on 19.06.2019, contrary to s.27(2).

3. Did disobey conditions of licence at Benalla on 02.08.2019, contrary to s.27(2).

4. Did disobey conditions of licence at Benalla from 13.05.2020 to 14.05.2020, contrary to s.27(2).

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

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 42 Yarrawonga Road, Benalla, Victoria and are the holder of EPA Licence 9379. David Henderson is the sole director of the Company.

On 25th 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 beyone the boundaries of the premises on 3 August 2019 which was not reported to the EPA as was required by its licence.

Further, a report complied 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 occurred 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
L11911724

Court orders made

Monsbent Pty Ltd (Accused) ordered to pay costs in the amount of $6,811.00

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

Pursuant to s.67AC of the Act, the Company pay $80,000 to the Winton Wetlands Project, the Company to be jointly and severally liable for the payment with the co-accused, David Henderson.

Without conviction, adjourned to Shepparton Magistrates's Court on 14/03/2022.

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

Reviewed 28 September 2021