Date of offence
29 November 2022
Type of offence
1. Did breach a condition of a licence at Wangaratta on 29 November 2022, contrary to s.63(1).
Background of offence

Van Hessen operates a food processing plant at 79 Shanley St Wangaratta South 3678. Van Hessen conduct activities under EPA Operating Licence 2966 which allows for discharges of treated wastewater to land.

Between Oct-Nov 2022 EPA received 136 pollution reports relating to odour. EPA were advise that Van Hessen's aerobic lagoon for treatment of water had 'flipped', meaning the sludge on bottom risen to surface. The local CFA was forced to close due to effects of odour.

Van Hessen and the sole director GREAVES were each charged under s 63(1) for breach of condition of licence. The company pleaded guilty and received without conviction an adjourned undertaking for 18 months with the sole condition to make a contribution of $30,000 to the court fund. The Magistrate also made an adverse publicity order and a restorative justice order, Van Hessen being ordered to publish a notice in a local newspaper, and contribute $75,000 to a project involving Wangaratta Rural Council and Meriwa Industries.

The director GREAVES also pleaded guilty and received without condition an adjourned undertaking for 12 months with the sole condition to contribute $3,000 to the court fund.

Date of court hearing
5 December 2023
Date of court order
7 December 2023
Court magistrate
L I Martin
Court location
Wangaratta
Proceeding number
N12763466

Court orders made

Without conviction, fined $30,000 and ordered to pay EPA costs: $15,061

Adjourned to Wangaratta Magistrates' Court on 9 June 2025.

Accused released upon giving an Undertaking starting on 5 December 2023.

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

Pursuant to s.332 of the EP Act, it is ordered that the accused place an 'Adverse Publicity Notice' in the local newspaper.

Restorative Project Order granted. Van Hessen to contribute $75,000 to the project proposed involving Wangaratta Rural Council and Merriwa Industries.

Reviewed 13 February 2024