SADEK, Mohamed Yassin Yousef

Did or did permit to be dumped, deposited, discarded or abandoned waste contrary to section 27A(2)(a) EP Act 1970.

Engage in a prescribed operating activity without an operating license contrary to section 45(1) EP Act 2017.

Recieve industrial waste, at a place not authorised to receive industrial waste, contrary to section 134(1) EP Act 2017.

Fail to comply without a reasonable excuse with an Environmental Action Notice, contrary to section 290(1).

Mohamed Sadek was the leaseholder of the premises, with the premises being owned by the Whittlesea City Council. Between 1 July 2021 and 1 September 2021, Sadek had a commercial agreement with a number of truck drivers allowing them to park on the premises. As part of the arrangement with truck drivers, Sadek received industrial waste from some of the truck drivers’ worksites which was deposited on the premises. The premises were not authorised to receive industrial waste. On 1 September 2021, EPA officers visited the premises to conduct an inspection and make enquiries in response to a report alleging that industrial waste was being unlawfully received, handled and stored. EPA officers observed built-up areas of mudstone and crushed rock material, textiles, brick fragments, metal, timber, and grey fibrous cement materials. EPA officers took soil samples from eight locations suspected of containing asbestos. Subsequent laboratory analysis of the samples confirmed that 7 of the 8 samples taken contained asbestos material. Sadek was not licenced to conduct the prescribed operating activity as required. Sadek failed to comply with requirements of several Environment Action Notices issued by EPA over the course of 1 year and 9 months.

On 24 July 2023 the EPA issued an Environmental Action Notice to the Whittlesea City Council requiring removal of all industrial waste. Remediation of the premises was conducted in two phases. The first phase occurred over 35 days between 16 October 2023 and 5 December 2023. A total of 149 truck and trailer loads of soil contaminated with industrial waste and asbestos were removed (approximately 5,124 tons). An additional 59 truck and trailer loads of fill material, green waste, inert waste and rubbish were removed (approximately 1,917 tons). The second phase occurred over 20 days between 17 February 2025 and 15 March 2025. A total of 112 truck and trailer loads of soil contaminated with industrial waste and asbestos were removed (approximately 4,071 tons). An additional one truck and trailer load of inert waste and rubbish were removed (approximately 30 tons). The total cost to the Whittlesea City Council across the two phases of remediation was $3,033,304.02.