Date of offence
Between 18 Jan 2007 and 17 Jan 2010
Type of offence
Dump, deposit, discard or abandon or permit to be dumped, deposited, discarded or abandoned industrial waste at an unlicensed site, at Yea between 18.01.07 and 17.01.10, contrary to s.27A(2)(a)
Background of offence
In January 2008, EPA Victoria officers responding to a community report about illegal dumping discovered piles of concrete waste and solidified concrete slurry at the quarry operated by Barro Group Pty Ltd at Yea.  The site was not licensed to accept that type of waste.
Remedial action taken by EPA
Clean Up Notice

Clean Up Notice issued pursuant to section 62A of the EP Act.
Date of court hearing
29 September 2010
Date of court order
7 October 2010
Court magistrate
Ms D. Bakos
Court location
Melbourne
Reasons for prosecution

In accordance with the Compliance and Enforcement Policy, dumping of industrial waste is priority area of enforcement. This prosecution was also aligned to the Illegal Dumping Strike Force Program. This matter involved a high degree of culpability because Barro Group Pty Ltd was aware that it was not licensed to accept industrial waste.

Court orders made

Without Conviction, ordered pursuant to s.67AC Order:

  1. To carry out two specified projects as detailed below for the restoration or enhancement of the environment in a public place or for the public benefit by paying a total of $124,800 to the parties listed below within thirty (30) days of the date of this Court Order.
  2. The payments must be used solely to carry out for the following projects:
    • Project 1 – Murrindindi Green Business Code of  Practice
      Value of project: $64,800 payable to Murrindindi Climate Network Inc.
      Murrindindi Climate Network and the Murrindindi Shire Council will team up with the established business community of Yea and the bushfire-ravaged Marysville/Triangle community to deliver improved environmental performance of small and medium sized businesses in the tourism, retail and services sector.  This regional project will develop a voluntary green code of practice. Aside from the social and economic benefits, the project will see business:
      • achieve higher resource efficiency (water, energy, materials), waste minimization and recycling
      • use cleaner products with lower potential to pollute waterways, soils, ambient air and lower greenhouse gas emissions
      • induce less transport and related greenhouse emissions if green products can be sourced locally
      • make a contribution to Victoria’s “Towards Zero Waste” strategy.
    • Project 2 – Murrindindi Discover-E Centre Interpretive Display
      Value of project: $60,000 payable to Yea Wetlands Trust.
      Yea Wetlands Trust, together with the Yea Wetlands Committee of Management, the Murrindindi Shire Council and the University of Melbourne, is currently developing an interpretive education centre at Yea Wetlands.  The centre will form the cornerstone of other interactive hands-on displays across the 34 Ha Yea Wetlands site that will look at water resources at a State and Murray-Darling Basin level, their management and the biodiversity and wetland ecology that water supports.
  3. Within seven (7) days of making each payment, the Accused must provide the Solicitor to the Environment Protection Authority with proof of payment. 
  4. The Accused is prohibited from referring to any of the payments without reference to these proceedings.
  5. Pursuant to section 67AC(2)(a) of the Act, 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. 
  6. The notice must contain the Accused’s and the Environment Protection Authority’s corporate logos and be:
    • in the wording specified in clause 9 below and must not be supplemented by additional text
    • published within thirty (30) days of the date of this Court Order in the Editorial section or the front part of the Early General News section of the following newspapers:
      • The Australian Financial Review
      • The Age
      • The Herald Sun
      • The Yea Chronicle
      • The Alexandra & Eildon Standar
    • of a minimum size of 12cm by 3 columns
    • surrounded by a continuous black border.
  7. The Accused must provide the Solicitor to the Environment Protection Authority with a cop of each published notice within seven (7) days of its publication.
  8. Within fourteen (14) days of the date of this Order, the Accused must post the notice on its website home page(www.barro.com.au) and maintain it there for ninety (90) consecutive days.

[The wording of the notice was specified.]

Costs: $20,000

Reviewed 12 March 2020