Date of offence
Between 01 Apr 2006 and 30 Jun 2009
Type of offence

1. Abandon industrial waste (building and demolition waste and asbestos) at an unlicensed site at Moolap between April 2006 and June 2009, contrary to s.27A(2)(a).

2. Permit to be deposited industrial waste (asbestos) at an unlicensed site at Moolap between April 2006 and January 2009, contrary to s.27A(2)(a).

Background of offence
In 2006 , John Tsorotes 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.  The site was not licensed to accept industrial waste. EPA attended the premises in 2009 and issued a Clean Up Notice the remaining occupier of the premises, John Tsorotes. Mr Tsorotes did not comply with the Notice.
Remedial action taken by EPA
Clean Up Notice

Clean Up Notice issued pursuant to section 62A of the EP Act.
Date of court hearing
6 July 2011
Date of court order
3 August 2011
Court magistrate
Mr I. Von Einem
Court location
Geelong
Reasons for prosecution
In accordance with the Compliance and Enforcement Policy, this mater involved a high degree of culpability (exacerbated by Tsorotes disregard of the clean up notice).

Court orders made

Convicted and fined $40,000 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: $18,539.20

Reviewed 13 March 2020