| Date of offence or contravention | 25 March 2025 |
|---|---|
| Type of offence or contravention | Failure to comply with Environmental Action Notice at Ferntree Gully on or about 25 March 2025, contrary to section 290(1). |
| Background of offence or contravention | Roderick Brewer owns a property in Traralgon that was leased to a mechanical workshop. In November 2022, EPA officers inspected the site after reports of water with a rainbow sheen and hydrocarbon smells seeping through cracks in the concrete. Brewer confirmed this happened regularly during wet weather. Brewer later told the EPA the site once had an underground fuel tank, but he had no records showing it had been properly decommissioned. EPA required Brewer to hire a qualified consultant to investigate potential contamination, but by mid‑2024 he had not started the work. A further inspection in September 2024 again found signs of petroleum‑affected water, including in a nearby stormwater drain. The underground tank had likely contaminated the soil and groundwater, creating possible health and safety risks from toxic or explosive vapours. In October 2024, Brewer was issued with a formal Environmental Action Notice requiring him to assess the contamination, report risks, and provide progress updates. Although Brewer later said he was considering consultants, he did not meet the deadlines or provide the required reports by the required date. |
| Date of court hearing | 2 February 2026 |
| Date of court order | 2 February 2026 |
| Judicial officer | Magistrate Bate |
| Court and location | Ringwood Magistrates' Court |
| Proceeding number | R11568411 |
Court orders made
Without conviction, adjourned undertaking with conditions of good behaviour for 12 months and section 331 General Restoration and Prevention Order requiring the completion of a report. Ordered to pay EPA legal costs of $1,500.
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