- Date of offence
- 15.11.2013 to 08.10.2015
- Type of offence
1. Did discard industrial waste at unlicensed site at Tottenham on 15.11.2013, contrary to s.27A(2)(a)
2. Did discard industrial waste at unlicensed site at Tottenham on 08.10.2015, contrary to s.27A(2)(a)
3. Did contravene requirements of a Clean Up Notice at Tottenham on 02.06.2014, contrary to s.62A(3)
- Background of offence
K & K Property Holdings Pty Ltd and sole director, William Kerr were convicted, fined, ordered to clean up the site and pay EPA's legal costs for conducting illegal burn offs and contravening a clean up notice on their Geelong Rd, Tottenham premises.
K&K ran a recycling business, but in November 2j013 and October 2015, EPA Officers were called to investigate illegal burn offs. The EPA Officers ordered the burns to cease and issued a Clean Up Notice to remove stockpiled industrial waste dumped in numerous pile on the premises including one that was 30 metres by 50 metres and five metres high.
In response to the burn offs and subsequent breach of the Clean Up Notice, EPA sought to prosecute K & K and its sole director in the Court, which resulted in a conviction and fine for the company of $6,000. Kerr was also convicted, fined $6,000, ordered to pay costs of $10,975 and ordered to clean-up the site by 30 November 2020 pursuant to s.64 of the EP Act.
- Date of court hearing
- 23 March 2020
- Date of court order
- 23 March 2020
- Court magistrate
- Suzette Dootjes
- Court location
- Dandenong
- Proceeding number
- J12704499
Court orders made
With conviction, fined $6,000.00 as part of an aggregate order.
Further declare the following Directors of the body corporate jointly and severally liable for the fine: KERR, William.
Reviewed 3 October 2023
