- Date of offence
- From 14 June 2018 to 20 June 2018
- Type of offence
- 1. Did disobey minor works pollution abatement notice at Pascoe Vale from 14.06.2018 to 20.06.2018, contrary to s.31(B)(6) and s.66(B).
- Background of offence
On 16 May 2019, Kamata Homes (the company) was charged with failing to comply with a requirement of Minor Works Pollution Abatement Notice in contravention of section 31(B) of the EP Act 1970.
The company had failed to install controls to prevent sediment laden runoff from its premises entering the municipal stormwater system.
The Director, Mr. Hisham Khartabil was also charged with the same offence pursuant to section 66(B) of the EP Act 1970.
In December 2019, the company was placed into liquidation by an order of the Supreme Court.
On 22 July 2020 at Broadmeadow's Magistrates' Court, the director pleaded guilty to the charge and was placed on an undertaking of good behaviour for a period of 18 months andpay costs in the amount of $437.40. The liquidators for the company did not appear and the proceeding against the company was heard ex-parte.
The company was convicted and fined $7,929.00 and ordered to pay costs in the amount of $2,715.00.
Mr Khartabil was ordered to pay costs in the amount of $437.40.
- Date of court hearing
- 22 July 2020
- Date of court order
- 22 July 2020
- Court magistrate
- O A Trumble
- Court location
- Broadmeadows
- Proceeding number
- K11321134
Court orders made
Without conviction. Adjourned to Broadmeadows Magistrates' Court on 21/01/2022.
Accused released upon giving an undertaking starting on 22/07/2020.
To appear before adjourned date if called upon during the period of adjournment.
Accused to be of good behaviour during the period of adjournment.
Further Order conditions:
To pay costs in the sum of $437.40 to the EPA on or before 21 January 2021.
Reviewed 3 October 2023
