| Date of offence or contravention | Between 17 March 2019 and 24 April 2019 |
|---|---|
| Type of offence or contravention | 1. Did fail to comply with Pollutin Abatement Notice at Altona North from 17 March 2019 to 24 April 2019, contrary to s.31A(7). |
| Background of offence or contravention | Kyle Road Developments Pty Ltd own land at 40-68 Kyle Road, Altona North which is approximately 18 hectares of open land and the site of a former quarry. A Post Closure Pollution Abatement Notice was issued to Kyle Road Developments with the condition: the occupier must ensure that no waste other than fill material, as defined in EPA Publication 448 Classification of Wastes, is deposited at the premises. EPA Inspectors attended with WorkSafe on 24 April 2019 and noted that asbestos containing material had been moved from the part of the quarry underneath the proposed residential development to the part of the quarry under the proposed public open space. The quarry measured approximately 80 x 50 metres and at least 10 metres deep. By moving the asbestos containing material from one part of the land to another, Kyle Road breached Condition 1 of the Post Closure Pollution Abatement Notice. This constituted an offence contrary to s.31A(7) of the Environment Protection Act 1970 (Vic). |
| Date of court hearing | 4 December 2023 |
| Date of court order | 7 December 2023 |
| Judicial officer | B Fitzgerald |
| Court and location | Melbourne |
| Proceeding number | P12552171 |
Court orders made
Without conviction, fined $7,500.00
Kyle Road Developments Pty Ltd (The accused) ordered to pay costs to EPA in the amount of $44,000.00
Updated