| Date of offence or contravention | 9 August 2024 |
|---|---|
| Type of offence or contravention | Fail to obey order to abate pollution at Shepparton on 9 August 2024, contrary to s.64 of the Environment Protection Act 1970 |
| Background of offence or contravention | Nonferral Recycling Pty Ltd, at the conclusion of a prosecution for failure to comply with a clean-up notice concerning lead and aluminium waste being stored at a property located on Swainston Rd Shepparton, Victoria, was ordered to clean up those materials under s.64 Environment Protection Act 1970 by 9 April 2024. The Court ordered that the Director of Nonferral Recycling provide Environment Protection Authority (EPA) with a signed report that identifies the intended receiver of the lead and aluminium materials, demonstrates that there is a commercial agreement in place for the lawful transport of the materials to the nominated receiver facilities, and identifying the anticipated date for each movement of the materials. The orders of the Court were not complied with from 9 August 2024, until as at the date of the hearing on 6 October 2025. Partial removal of materials was completed following the initiation of the enforcement proceedings, including complete removal of the aluminium waste and a small quantity of lead waste. The remainder of the lead waste remains on the premises. The removal of the materials to date was not done so in compliance with the above orders also. |
| Date of court hearing | 6 October 2025 |
| Date of court order | 6 October 2025 |
| Judicial officer | S P M Zebrowski |
| Court and location | Shepparton Magistrates' Court |
| Proceeding number | 202404376 |
Court orders made
Stay for 3 months and an order that the remainder of lead be removed from the property. Penalty for non-compliance with Court orders in the sum of $60,000 and order to pay EPA costs in the sum of $35,025.
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