- Date of offence
- Between 01 Jul 2008 and 30 Sep 2009
- Type of offence
- Permit industrial waste to be dumped at an unlicensed site, at Hamilton between 01.07.08 and 30.09.09, contrary to s.27A(2)(a).
- Background of offence
- Norman Kenny operated a waste removal business called Norm’s Waste Disposal. In November 2009 a member of the public reported the waste had been dumped at Rowe’s Sawmill Pty Ltd on 358 Glenelg Highway, Hamilton. The landowner and sole director of Rowe’s Sawmill Pty Ltd, Edward Leonard Rowe, permitted the waste to be dumped on his property. Subsequent inspections by both the Southern Grampians Shire Council and EPA found a significant volume of building waste left on site. The EPA investigation revealed evidence that Edward Rowe knowlingly participated in the offending of Rowe's Sawmill Pty Ltd. On that basis, Edward Rowe was prosecuted pursuant to section 66B of the Environment Protection Act.
- Remedial action taken by EPA
- Clean Up Notice
Clean Up Notice issued pursuant to section 62A of the EP Act. - Date of court hearing
- 15 June 2011
- Date of court order
- 15 June 2011
- Court magistrate
- Mr J. Klestadt
- Court location
- Hamilton
- 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.
Court orders made
Convicted and fined $5,000
Costs: $5,378.17 (jointly and severally with Rowe’s Sawmill Pty Ltd)
Reviewed 13 March 2020
