- Date of offence
- Between 01 Dec 2016 and 06 Apr 2017
- Type of offence
Note: Charges 2, 4 and 6 struckout.
1. Failed to comply with Pollution Abatement Notice (PAN) on 01.12.2016 at Thomastown, contrary to s.31A(7).
3. Failed to comply with Pollution Abatement Notice (PAN) on 07.03.2017 at Thomastown, contrary to s.31A(7).
5. Failed to comply with Pollution Abatement Notice (PAN) on 06.04.2017 at Thomastown, contrary to s.31A(7).
- Background of offence
ELT Recycling Australia Pty Ltd, based in Thomastown, and its sole director, Tuo SONG were charged with a number of offences for stockpiling as much as six times the permitted number of waste tyres at the premises. The company had previously paid an infringement penalty of more than $7,000 for similar offending, but had failed to pay two further infringement notices totalling more than $15,000.
ELT Recycling Australia Pty Ltd and Tuo SONG were represented by Adrian Dessi, solicitor. Each was charged with three offences against section 31A(7) of the EP Act. His Honour Magistrate John O’Callaghan presided at the hearing. The maximum penalty for offences against section 31A(7) carry a maximum penalty of 2400 penalty units ($380,568), and that such offences are also infringement offences which carry penalties of 50 penalty units for companies ($7,928.50) and 12 penalty units for individuals ($1,902.84).
- Date of court hearing
- 2 May 2018
- Date of court order
- 31 May 2018
- Court magistrate
- J L O'Callaghan
- Court location
- Heidelberg Magistrates' Court
- Proceeding number
- J10176276
Court orders made
ELT Recycling Australia Pty Ltd was fined an aggregate of $5,000 without conviction, and ordered to pay costs of $1,000. Tuo SONG was fined an aggregate of $1,000 without conviction, and ordered to pay costs of $1,000. Application for a publication order pursuant to section 67AC(2)(a) was refused.
Reviewed 13 March 2020
