Kyle Road Developments Pty Ltd own land at 40-68 Kyle Road, Altona North which is approximately 18 hectares of open land and the site of a former quarry.

A Post Closure Pollution Abatement Notice was issued to Kyle Road Developments with the condition:

the occupier must ensure that no waste other than fill material, as defined in EPA Publication 448 Classification of Wastes, is deposited at the premises.

EPA Inspectors attended with WorkSafe on 24 April 2019 and noted that asbestos containing material had been moved from the part of the quarry underneath the proposed residential development to the part of the quarry under the proposed public open space.  The quarry measured approximately 80 x 50 metres and at least 10 metres deep.

By moving the asbestos containing material from one part of the land to another, Kyle Road breached Condition 1 of the Post Closure Pollution Abatement Notice. This constituted an offence contrary to s.31A(7) of the Environment Protection Act 1970 (Vic).