Date of offence
Between 26 Feb 2015 and 26 Feb 2015
Type of offence

1. Did dump industrial waste at unlicensed site on 26.02.2015 at Warracknabeal, contrary to s.27A(2)(a).

Background of offence

Horsham Magistrates' Court has fined B & J Bentley Investments (Aust) Pty Ltd $50,000 for dumping the waste from a Horsham demolition job at a rural property near Warracknabeal.

Environment Protection Authority Victoria (EPA) traced the waste to the property after receiving a report from Horsham Rural City Council of rubble being cleared from the former site of a fuel station at 31 Mill Street.

EPA Regional Manager North West, Dr Scott Pigdon, says the Magistrate also ordered B & J Bentley Investments (Aust) Pty Ltd to pay $8,000 in costs and publicise the result of the case in the Wimmera Mail Times.

"The company pleaded guilty under Section 27 of the Environment Protection Act 1970 for dumping industrial waste at a site not licensed to accept that waste," Dr Pigdon said.

"The construction and demolition waste included concrete, timber, soil, gravel, plastic and metal, as well as more than 10 square metres of asbestos sheeting," he said.

"EPA testing showed three out of four soil samples taken from the property on Gaulkes Road, Warracknabeal, contained asbestos."

EPA officers also found scrap metals and car bodies; rusted metal drums, iron sheeting, disused petrol tanks up to 20,000 litres in size, evidence of burnt waste including timbers, plastics, green waste, recycling, plastic bulk containers, a mattress, a pit with mixed waste including carpet and plastic drums, and soil contaminated with fuel and oil.

In a letter to the EPA, a Director of the company said the waste had accumulated on the property over a long time and he intended it for reuse and recycling.

EPA issued the company with a Clean Up Notice (CUN), a legally enforceable order to clean up waste materials at the Gaulkes Road property, including the demolition waste from the former Horsham fuel station.

"A second inspection by EPA officers a few weeks later revealed a large amount of waste still on the property, but the Clean Up Notice has now been complied with," Dr Pigdon said.

Date of court hearing
2 May 2019
Date of court order
2 May 2019
Court magistrate
M F Stratmann
Court location
Horsham
Proceeding number
K10158949

Court orders made

With conviction, fined $50,000.

Pursuant to s.67AC(2)(a) of the  Environment Protection Act 1970 ("the Act"), the B & J Bentley Investments (Aust) Pty Ltd ('the Accused") is ordered to publicise the offence, its consequences and any penalties imposed or orders made by this Court by publishing a notice about these proceedings.

Reviewed 12 March 2020