PELLIGRA, Rosario

The Accused was the director of Fortek. Fortek was the legal entity with management or control of the former Ford Factory. Fortek acquired the Norlane premises in November 2020, and decommissioning works began in 2021. Fortek had engaged the Pelligra Group as the principal contractor for the decommissioning works.

During the decommissioning works, approximately 500 tonnes of hardwood timber from the press line was removed and stockpiled undercover on-site. The hardwood timber was contaminated with hydrocarbons, classifying it as 'timber treated with hazardous substances', which is a priority waste material. The Pelligra Group transported twelve loads of the contaminated waste to Geelong Landfill. Fortek did not provide a copy of the waste classification report or the information contained within it regarding the classification of the waste. Geelong Landfill was not authorised to receive this type of priority waste.

Fortek therefore failed to take all reasonable steps to ensure that industrial waste was transported to, and received at, a place authorised to receive it. Fortek also failed to take all reasonable steps to ensure that the person collecting and transporting the priority waste was provided information regarding the nature and type, risks of harm and any information reasonably expected to be necessary for the person to comply with a duty in relation to the priority waste.