Date of offence
Between 01 Nov 2009 and 27 Jan 2011
Type of offence
  1. Dump industrial waste and unlicensed site at Bangholme from 01.11.09 to 27.01.11, contrary to s.27A(2)(a
  2. Provide false or misleading information to the Authority on 15.04.11, contrary to s.59D(a).
Background of offence
EPA alleged that between November 2009 and January 2011, Lantrak Projects Vic Pty Ltd allowed industrial waste to be deposited on an unlicensed site in Bangholme, the Bunurong Memorial Park, The EPA investigation revealed that  in April 2011, Lantrak provided misleading information to EPA  in response to an EPA notice requiring certain documents.Under a contract with Bunurong Memorial Park management, Lantrak was required to deliver only clean soil. Samples taken by the EPA revealed that industrial waste mixed in with some of the soil consisted of plastic piping, metal, plasterboard, wood, brick, tiles and traces of asbestos.
Remedial action taken by EPA
None

Lantrak undertook a voluntary clean up of the affected site.
Date of court hearing
16 October 2012
Date of court order
16 October 2012
Court magistrate
Mr F. Hodgens
Court location
Frankston
Reasons for prosecution
In accordance with the Compliance and Enforcement Policy, this matter involved a high level of culpability because of the systemic nature and duration of the offending. EPA was also concerned about the offence relating to provision of false or misleading information and considered Lantrak required a specific deterrent for this offence. This matter was also linked to the Illegal Dumping Strike Force Program.

Court orders made

Convicted and fined $50,000 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 Offender’s corporate logo and be:
    • in the wording specified in paragraph 5 below and not supplemented by additional text
    • of a minimum size of 12cm by 3 columns
    • surrounded by a continuous black border
    • published within 60 days of the date of this Court Order in the Editorial section or the front part of the Early General News section of:
      • The Financial Review
      • The Age
      • The Herald Sun
      • The Frankston Weekly
  3. The Offender must provide the Informant to with a copy of each notice within 14 days of its publication.
  4. Within 14 days of the date of this Order, the Offender must display the notice on the home page of the http://www.lantrak.com.au, website immediately below the pictorial summary and immediately above the heading “Welcome to Lantrak” and maintain it there for 60 continuous days. 

[The wording of the notice was specified.]

Costs: $21,435.10

Reviewed 12 March 2020