Conviction after hazardous C&D waste dumped in SA

Judge bangs gavel to pass sentencing
South Australia’s Environment, Resources and Development Court has convicted a 29-year-old man who illegally dumped more than 60 tonnes of construction waste contaminated with asbestos.

Geoffrey Michael Ashurst from Nairne, in the Adelaide Hills, had pleaded guilty to two counts of unlawful disposal of waste. He was fined $7,200 and ordered to pay $800 in costs as well as $160 for a Victims of Levy in court on 11 March.

Mr Ashurst was prosecuted under the Environment Protection Act 1993, for disposing waste without permission on a public land in Dawesley on 7 February 2015. The court had previously issued him with an Environment Protection Order to remove the material and transport it to a licensed waste facility.

EPA Manager Investigations and Tactical Support Stephen Barry said illegal dumping of any material disregards other people’s rights, which he called “unacceptable”.

“In this case, the incident was first reported to the Mount Barker Council, which worked closely with the EPA to identify the source of the construction waste that ultimately led to a prosecution,” Mr Barry said. “I hope that this outcome will send a clear message to those who don’t treat illegal dumping as a serious offence, to think again.”

The maximum penalty for unlawful disposal of waste under the Environment Protection Act 1993 is a $120,000 fine or two years’ imprisonment.

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