Date of offence
Between 13 May 2009 and 15 May 2009
Type of offence
Disobey condition of licence at Brooklyn from 13.05.09 to 15.05.2009, contrary to s.27(2).
Background of offence
SITA Australia Pty Ltd  operated a composting green waste facility in Yarraville. The site is licensed. The licence includes a condition relating to discharge of offensive odours beyond the boundary of the site. In May 2009 residents living in Yarraville and Brooklyn lodged several reports about offensive odour at their homes over a three day period. The residents described the smell as "nauseating, overpowering and smelling like rotten vegetables, rotting compost or faecal matter". EPA Victoria officers who investigated the reports and attended the area confirmed a rotting vegetation compost odour in the residential area. A similar odour was detected at SITA’s premises. EPA officers were able to exclude any other potential sources of such odour in the nearby area.
Remedial action taken by EPA
None
Date of court hearing
6 July 2010
Date of court order
6 July 2010
Court magistrate
Mr P. Mellas
Court location
Sunshine
Reasons for prosecution
In accordance with the Compliance and Enforcement Policy, this matter involved actual environmental impact on the local community and a substantial degree of culpability.

Court orders made

Convicted and fined $35,000

Costs: $10,000

Reviewed 13 March 2020