Date of offence
Between 16 June 2017 and 01 November 2011
Type of offence

1. Unlawful deposit of industrial waste at Braeside on 16 June 2017, contrary to s.27A(2).

2. Failed to comply with Environmental Action Notice (EAN) at Braeside on 01 November 2021, contrary to s.290(1).

Background of offence
The accused and co-accused (who were married at the time) arranged to (informally) sublease a warehouse for the purpose of short-term storage of a small amount of combustible recyclable and waste material. Over a period of approximately 3 months in 2017 the co-accused, with the knowledge and agreement of the accused, moved more than 8000 cubic metres of waste from the business premises of AAZ Recycling (a company that the accused had an interest in and later became the director) to the warehouse at Factory B, 1-19 Industrial Drive Braeside. The owner of the warehouse, Dorreen Barr, commenced Supreme Court proceedings to order the accused and co-accused to remove the waste. The Supreme Court made an order that required the clean up to occur under the supervision of the EPA. EPA then served an EAN to align with the Supreme Court Order to enable enforcement. The EAN required a plan to be approved by the EPA and ultimately a clean up to occur. The notice was not complied with.
Co-accused Afroz ALI pleaded guilty in August 2023.
Date of court hearing
30 April 2024
Date of court order
1 May 2024
Court magistrate
J M Studham
Court location
Proceeding number

Court orders made

Without conviction, fined $15,000.00 as part of an aggregate order.

Reviewed 14 May 2024