| Date of offence or contravention | Between 24 May 2024 and 21 May 2025 |
|---|---|
| Type of offence or contravention | Fail to take all reasonable steps to ensure that industrial waste is transported to, and received at, an authorised place at Hallam on or about 24 May 2024, contrary to section 135(2). Fail to take all reasonable steps to ensure that industrial waste is transported to, and received at, an authorised place at Somerville on or about 21 May 2025, contrary to section 135(2). |
| Background of offence or contravention | Renex Op Co Pty Ltd (Renex) failed to take all reasonable steps to ensure that industrial waste soil was transported to and received at a place authorised to receive it before relinquishing management and control of that waste. The matter comprised two separate contraventions. The first contravention occurred in May 2024, when non-friable asbestos was present within a load of material classified as Fill Material that was delivered to a premises occupied by Green Sand Recycling in Hallam. The second contravention occurred in May 2025, when non-friable asbestos was present within a further load of Fill Material delivered to a property at Somerville. In both instances, Renex failed to take all reasonable steps before relinquishing management and control of the waste. In particular, Renex failed to ensure that an industrial hygienist was present to visually inspect the full asbestos abatement process, failed to clearly segregate stockpiles of abated soil from soil not identified as requiring abatement, and failed to maintain adequate records regarding the destination of the waste. In her judgment, Justice Quigley noted the following about duty-holders' obligations and the transport duty: At paragraph 215: “The content of the obligation is to take all reasonable steps, and that is calibrated to the hazard. The greater the risk which the regulatory control exists to manage, the more the duty requires of the person relinquishing control.” At paragraph 220: “The very nature of the Transport Duty is to provide a reliable chain of custody so there is confidence in the regulatory system.” Please see EPA's media release: EPA welcomes $340,000 for community |
| Date of court hearing | 25 August 2026 |
| Date of court order | 2 September 2026 |
| Judicial officer | Justice Quigley |
| Court and location | Supreme Court of Victoria |
| Proceeding number | S ECI 2025 01329 |
Court orders made
Declaration (finding of fact) that Renex contravened section 135(2) of the EP Act.
Civil Penalty of $340,000 to be paid into the EPA’s restorative justice account.
General Preventative Order requiring Renex to update Asbestos Management procedures within 3 months, provide verification of this implementation within 12 months, and provide staff with training within 4 months.
Adverse Publicity Order requiring Renex to publish a written notice in two waste industry resources.
EPA ordered to pay Renex costs of $500,000 (for the interim order application, not the final hearing).
Updated