Issued: 29 Mar 2023
Following an extensive investigation, the Department of Environment and Science (DES) has charged Cleanaway Solid Waste Pty Ltd with a number of offences in relation to its New Chum facility, including wilfully causing an environmental nuisance relating to odour in 2022.
The specific charges are:
- One offence contrary to section 440(1) of the Environmental Protection Act 1994 (EP Act) for wilfully and unlawfully causing an environmental nuisance;
- One offence contrary to section 430(2) of the EP Act for wilfully contravening a condition of an environmental authority (EA); and
- Ten offences contrary to section 430(3) of the EP Act for contravening a condition of an EA.
The maximum penalty for an offence contrary to section 440(1) of the EP Act is $1,147,601. The maximum penalty for an offence contrary to section 430(2) is $4,307,812. The maximum penalty for an offence contrary to section 430(3) of the EP Act is $3,101,625.
As the environmental regulator, DES takes environmental offences seriously and will continue to take strong enforcement action, including court action, in relation to contraventions of the EP Act.
The matter is listed before the Ipswich Magistrates Court for mention on 24 April 2023.
Given the matter is now before the Court, the Department will not be making any further comment at this time.