Date of offence
Between 13 October 2020 and 9 February 2021
Type of offence

Charge 1: The accused did permit industrial waste at unlicensed site at Wildwood on 13 October 2020, contrary to s.27A(2)(a).

Charge 2: The accused did contravene requirements of Notice at Wildwood on 7 December 2020, contrary to s.62A(3).

Charge 3: The accused did contravene Notice to take clean-up measures at Wildwood on 9 February 2021, contrary to s.62A(3).

Background of offence

Company MG Hobby Farm Pty Ltd and sole director, Khaled MERHI charged with burning industrial waste on their land in Wildwood. EPA attended in response to reports of burning of waste on 12 October 2020. They observed burnt ground and smouldering piles of industrial waste (scrap metal, bricks, broken tiles, timber, aerosol cans, plaster, soil and timber).

Heterogenous soil containing rocks, plastics, PVC, rubber and rubble was on site on the ground and in a skip bin loaded onto a truck onsite.

A Clean-Up Notice (CUN) was issued requiring the cessation of waste burning and removal of all industrial waste from the premises by 6 December 2020. This was not done.

EPA issued a further CUN on 4 January 2021 requiring removal of industrial waste including asbestos containing material by 8 February 2021. This was not done.

Date of court hearing
12 December 2022
Date of court order
12 December 2022
Court magistrate
S M Stuthridge
Court location
Broadmeadows
Proceeding number
N10621015

Court orders made

Charge 1: with conviction, fined $3,000. MG Hobby Farm Pty Ltd (the accused) ordered to pay costs in the amount of $3,278.

Charges 1 and 2: with conviction, fined $3,500 as part of an aggregate order.

 

Reviewed 3 February 2023