Charges:

1. Breach of licence condition at Benalla from 17.07.2021 to 05.04.22, contrary to s.63(1).

2. Disobey conditions of a licence at Benalla on 16 June 2021, contrary to s.27(2).

1. Monsbent Pty Ltd manufactures particleboard at the business premises located at 42 Yarrawonga Road, Benalla.

2. The manufacturing operation at the Premises:

a. processes wood chips which are dried, pressed and mixed with adhesives to form wood panels.

b. emits pollutants into the ambient air environment, including particulate matter, formaldehyde, volatile organic compounds, oxides of nitrogen, carbon monoxide and carbon dioxide. 

Circumstances of the offending - Charge 1

3. Between 17 July 2021 and 5 April 2022 the accused breached condition LI_A3:

a. by discharging or emitting nuisance dust and/or nuisance airborne particles beyond the boundary of the Premises;

b. in circumstances where the discharge or emission of nuisance dust and/or nuisance airborne particles was not permitted by the Licence.

4. The breaches of LI_A3 arise from evidence of particulate matter and nuisance dust particles affecting a neighbouring residential property, including:

a. Particles settling on the roofs of buildings and vehicles which require ongoing cleaning.

b. Dust particles often remain suspended in the air around the neighbouring residential premises which affects the property amenity and air quality.

c. Dust particles are small enough to be inhaled, causing concerns for the health of persons living at this premises and the psychological wellbeing of these persons.

d. Residents living at this premises have been prevented from enjoying time outside due to the fear of potential health impacts from breathing in dust particles.

Circumstances of the offending - Charge 2

5. On 11 October 2021 a desktop assessment of APS reports was conducted which identified Discharge point 21 was discharging waste to air otherwise than in accordance with the ‘Discharge to Air’ Table of the Licence, through discharging 76g/min of Particles to air exceeding the limit of 60g/min for Particles, in contravention of condition LI_DA1 of the Licence.

Plea Hearing

6. A Victim impact Statement was read to the Court which outlined the impacts of the offending on the neighbouring resident. Videos footage of the dust emissions taken by the neighbouring resident were also played for the Court. 7. Written and oral submissions were made by the prosecution on the seriousness of the offending, the history of offending and harm to the environment and community.