- Date of offence
- Between 19 Jan 2021 and 24 Feb 2021.
- Type of offence
Charges:
1. Did dispose of industrial waste contravene rule at Preston on 19.01.2021, contrary to s.27A(1)(a).
2. Struckout - Withdrawn.
3. Did fail to comply with notice of variation at Preston on 11.02.2021, contrary to s.31B(6).
4. Did fail to comply with notice of variation at Preston on 24.02.2021, contrary to s.31B(6).
- Background of offence
- Engine Gallery Enterprises (Engine Gallery) operate a metals recycling facility in Chifley Drive Preston (premises). They trade as National Metals Trading and Recycling.
On 19 January 2021 an EPA inspection revealed a large stockpile of combustible and recyclable waste material in the rear of the premises with no separation distance between the buildings and waste piles on the premises making fire fighting vehicle access impossible (clause 7). Furthermore, the business had no fire prevention plan (clause 6).
Note: charge 1 and 2 were consolidated into charge 1. Resultantly charge 1 was amended to allege a breach of CRWM guidelines being clause 7 – insufficient separation distances, and clause 6 – no fire prevention plan. Charge 2 was subsequently withdrawn.
On 20 January 2021 EPA served Engine Gallery with a MWPAN requiring them to cease receiving further CRWM until EPA determine the stockpiles were compliant with the Waste Management Policy.
On both 11 and 24 February 2021 EPA found Engine Gallery receiving further CRWM including a hot water heater, fridge, air conditioning unit, basins, metal pipes and other scrap metal.
- Date of court hearing
- 13 April 2022
- Date of court order
- 13 April 2022
- Court magistrate
- D Lennon
- Court location
- Heidelberg Magistrates' Court
- Proceeding number
- M11914022
Court orders made
With conviction, fined $10,000.00 as part of an aggregate order.
Engine Gallery Enterprises Pty Ltd (Accused) ordered to pay costs in the amount of $955.00.
Stay to 24/11/2022.
Reviewed 3 October 2023
