Date of offence
4 January 2021
Type of offence
1. Pollute the atmosphere at Laverton North on 4 January 2021, contrary to s.41(1).
Background of offence

OneSteel Recycling (the accused) trading as Infrabuild Recycling, was the site of a major fire in January 2021 at its Fitzgerald Street facility. It took 80 firefighters approximately three hours to bring the blaze under control.

The fire broke out in a stockpile of scrap metals, plastics, rubber, wood and cardboard most likely due to an undetected waste battery igniting, however the cause, following an investigation, remains undetermined.

EPA argued in Sunshine Magistrates' Court on November 21, 2024, that while OneSteel was upgrading their systems, they should have had better fire management capability and should have had better stockpile management processes both before and after the fire.

EPA sought an outcome that would benefit the community through a court directed payment towards a community project instead of a fine.

OneSteel pleaded guilty and the Magistrate noted that while OneSteel had been cooperative, and had since improved its systems, it had been operating while not in compliance with the EP Act 1970.

The Greening the Pipeline Project, which Wyndham City Council is a partner to, aims to restore the Main Outfall Sewer line, which EPA cited as an appropriate beneficiary making a meaningful contribution towards the local community.

OneSteel was also ordered to pay EPA's $15,000 legal costs.

Date of court hearing
22 November 2024
Date of court order
22 November 2024
Court magistrate
M Keogh
Court location
Sunshine Magistrates’ Court
Proceeding number
P11139903

Court orders made

Following a plea of guilty, the court makes the following orders by way of sentence on the accused:

1. Pursuant to s.67AC(2)(c) of the EP Act 1970, OneSteel Recycling Pty Ltd (ACN: 002 707 262) is ordered to carry out a specified project set out at Order 2, for the restoration or enhancement of the environment in a public place or for the public benefit by paying the sum of $35,000 to the Wyndham City Council within 30 days of the date of this court order.

Further order:

2. The payment must be used solely to carry out the 'Greening the Pipeline" Project.

3. Within 7 days of making the payment of $35,000 to Wyndham City Council, OneSteel must provide the solicitor to the EPA with proof of payment.

4. OneSteel is prohibited from referring to this payment externally without reference to these proceedings.

5. OneSteel undertakes not to claim any tax benefit in relation to this payment.

6. This sentence is without conviction.

OneSteel Recycling Pty Ltd (accused) is ordered to pay costs in the amount of $15,000.

Stay to 22 December 2024.

Reviewed 14 January 2025