- Date of offence
- 15.11.2013 to 08.10.2015
- Type of offence
1. Did discard industrial waste at unlicensed site at Tottenham on 15.11.2013, contrary to s.27A(2)(a).
2. Did discard industrial waste at unlicensed site at Tottenham on 08.10.2015, contrary to s.27A(2)(a).
3. Did contravene requirements of a Clean Up Notice at Tottenham on 02.06.2014, contrary to s.62A(3).
- Background of offence
K & K Property Holdings Pty Ltd and sole director, William Kerr were convicted, fined, ordered to clean up the site and pay EPA's legal costs for conducting illegal burn offs and contravening a clean up notice on their Geelong Rd, Tottenham premises.
K&K ran a recycling business, but in November 2j013 and October 2015, EPA Officers were called to investigate illegal burn offs. The EPA Officers ordered the burns to cease and issued a Clean Up Notice to remove stockpiled industrial waste dumped in numerous pile on the premises including one that was 30 metres by 50 metres and five metres high.
In response to the burn offs and subsequent breach of the Clean Up Notice, EPA sought to prosecute K & K and its sole director in the Court, which resulted in a conviction and fine for the company of $6,000. Kerr was also convicted, fined $6,000, ordered to pay costs of $10,975 and ordered to clean-up the site by 30 November 2020 pursuant to s.64 of the EP Act.
- Date of court hearing
- 23 March 2020
- Date of court order
- 23 March 2020
- Court magistrate
- Suzette Dootjes
- Court location
- Dandenong
- Proceeding number
- J12704659
Court orders made
Pusuant to s.64 of the EP Act 1970, K&K Property Holdings having been convicted of failing to comply with the requirements of an EPA Clean-up Notice, is ordered to remove all industrial waste from the premises at 550 Geelong Rd, Tottenham in the State of Victoria.
All removed waste must be taken to facilities with government issued environmental approval to receive those wastes.
Further Order:
The Accused is not to accept any industrial waste at the premises from the date of this order. The Accused is required to complete this task under such supervision by EPA as may be necessary. The Accused is ordered to comply with this order by 30 November 2020. The Accused is ordered to provide proof of compliance with this order to the EPA together with receipts confirming that the industrial waste was delivered to facilities with government issues environmental approval to receive those wastes. Proof of compliance is required to be provided by 14 December 2020.
W KERR (Accused) ordered to pay cost in the amount of $10,975.00.
Stay to 20.07.2020.
Reviewed 3 October 2023
