Date of offence
Between 20 Jun 2006 and 16 May 2009
Type of offence
  1. Abandon industrial waste (building and demolition waste) at an unlicensed site at Moolap on 20.06.06, contrary to s.27A(2)(a).
  2. Deposit industrial waste at an unlicensed site at Moolap from 01.04.06 to 30.06.06, contrary to s.27A(2)(a).
  3. Contravene requirements of a notice at Moolap on 14.04.09, contrary s.62A(3).
  4. Fail to pay notice fee at Moolap on 16.05.09, contrary to s.60C(1).
Background of offence
Casey Edward McCormack was an officer of McCormack’s Demolition Pty Ltd and was charged pursuant to s66B of the Environment Protection Act. In 2006 , McCormack's Demolition Pty Ltd  and a business partner leased a property at  132-160 Point Henry Rd, Geelong. Over the next two years increasing volumes of industrial waste (including  building and demolition waste) were accepted on the site and the landowner became increasingly concerned and requested the waste be removed. EPA attended the premises in 2009 and issued a Clean Up Notice. By this time, McCormack's Demolition Pty Ltd had vacated the site. The investigation revealed that McCormack's Demolition Pty Ltd was actively involved in demolition waste collection in the Geelong area. Instead of proper disposal of the waste, McCormack's Demolition Pty Ltd stockpiled the waste on the leased premises The investigation also revealed that Casey McCormack knowingly participated in the offending committed by McCormack's Demolition Pty Ltd.
Remedial action taken by EPA
Clean Up Notice

Clean Up Notice issued pursuant to section 62A of the EP Act.
Date of court hearing
1 December 2010
Date of court order
1 December 2010
Court magistrate
Mr M. Coghlan
Court location
Geelong
Reasons for prosecution
In accordance with the Compliance and Enforcement Policy, this mater involved a high degree of culpability (exacerbated by the disregard of the clean up notice). EPA was of the view that the conduct of Casey McCormack was sufficiently culpable to warrant prosecuting him as an officer of McCormacks Demolition Pty Ltd.

Court orders made

Convicted and fined a total of $35,200 as follows:

  • Charge 1 - $5,000
  • Charge 2 - $25,000
  • Charge 3 - $5,000
  • Charge 4 - $200

and ordered pursuant to s.67AC:

  1. To publicise the offences, their consequences and any penalties imposed or orders made by this Court by publishing a notice about these proceedings.
  2. The notice must contain the corporate logo of the Environment Protection Authority and be:
    • in the wording specified in Order 4 below and must not be supplemented by additional text
    • published within 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 Herald Sun
      • The Geelong Advertiser
      • The Geelong Independent
    • Of a minimum size of 12 cm by 3 columns
    • Surrounded by a continuous black border
  3. The Accused must provide the Solicitor to the Environment Protection Authority with a copy of each published notice within 7 days of its publication.

[The wording of the notice was specified.]

Costs: $15,000

Reviewed 3 October 2023