Date of offence
Between 19 July 2019 and 15 October 2019
Type of offence
23 Charges: Did dump industrial waste at unlicensed sites at: Cape Shank, Braeside, Bayswater North, Ringwood, Pearcedale, Tuerong, Bangholme, Seaford and Cranbourne East between 19.07.2019 and 15.10.2019, contrary to s.27A(2)(a).
Background of offense

Everstin Pty Ltd has contracts to transport ‘return concrete’, which is leftover liquid concrete that is poured into skip bins, sets hard and then is collected.   The concrete slabs are to be transported to specific sites for recycling to road base.

Everstin subcontracts the collection to twin hook steer trucks.  In 2019, Shingari was the driver of a twin hook steer truck collecting return concrete from sites across Melbourne.

In September 2019, the Mornington Peninsula Shire council (MPS) requested EPA assistance to try and identify a repeat offender that had dumped dumping large concrete slabs on roadsides around the shire. Each incident involved the dumping of a large concrete slab of approximately 8 to 10 tons of concrete. Help from 3AW, Vic Roads and the public lead to the discovery of more incidents.  The slabs were dumped on at least 23 occasions, in 13 different locations, across 5 Local Government Areas:

o          Mornington Peninsula Shire

o          City of Casey

o          Maroondah City Council

o          City Kingston Council

o          Frankston City Council

o          Greater Dandenong city council

Slabs were dumped on the sides of roads, on freeway onramps and under overpasses, often in poorly lit areas so the posed a risk to the driving public. Significant time and resources were required by a number of Councils to remove the large concrete slabs.

EPA received assistance from the public that led the investigation to focus on the concrete batching industry. Direct cooperation from the concrete batching industry assisted in locating the truck involved.  EPA investigations in October 2019 yielded GPS data, driver run sheets from Everstin, dashcam and CCTV footage assisted in identifying Shingari as the suspected dumper of the concrete slabs.

Date of court hearing
24 February 2021
Date of court order
24 February 2021
Court magistrate
R J Pithouse
Court location
Werribee
Proceeding number
L10315551

Court orders made

Convicted and a Community Correction Order for a period of 24 months is made against the Offender.

The Offender is required to attend the Werribee Community Correction Centre by 25/02/2021.

The Order commences on 23/02/2021 with the following conditions:

Perform 300 hours of community work. This condition starts on 23/02.2021 and goes for 24 months.

 

With conviction, fined $50,000 as part of an aggregate order.

The Accused is to pay the cost of the EPA fixed sum of $6,728. Stay to 24 March 2021.

That pursuant to s.67AC(2)(a) of the EPA Act 1970, the Accused shall within 30 days publish in the Herald-Sun their offending, the consequences of their offending and any penalties imposed, or order made, by this Court by publishing a notice about these proceedings.

Reviewed 26 February 2021