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Environment Protection Act 1993
| Offender | Incident | Outcome |
|---|---|---|
| Lochert Bros Pty Ltd, Virgo Road, Ramco |
19 July and 5 December 2006 Approximately 57,880 litres of diesel leaked from undetected failed underground pipe on property owned by Lochert Bros Pty Ltd at Virgo Road, Ramco. |
12 April 2012 Charge: Causing serious environmental harm by polluting the environment, Section 79(2) of the EP Act, 1993. ERD Court. Convicted and fined $50,000. |
| Pasquale Papalia | 7 September 2010 Illegal dumping of excavated fill at land located on property at Ocean Boulevard, Seacliff Park without the owner's permission. |
3 April 2012 Charge: Intentionally or recklessly contravened a mandatory provision of an environment protection policy Section 34(1) of the EP Act 1993 and clause 10(1) of the Environment Protection (Waste to Resources) Policy 2010. Convicted and fined $6,000. Ordered to pay prosecution costs of $800 and victim of crime levy of $260. |
| Karlene Furber, Northern Expressway construction site |
12 July 2010 Wash down of concrete truck chute allowing waste to be washed out into a nearby swale which was connected to the stormwater catchment. |
24 November 2011 Charge: Breached a mandatory provision of an environment protection policy section 34 (1) of the EP Act 1993 and clause 17(1)(2) of the Environment Protection (Water Quality) Policy 2003. ERD Court. Convicted without penalty. Ordered to pay prosecution costs of $500 and victim of crime levy of $160. |
| United Water International Pty Ltd, Anstey Hill Water Treatment Plant | 10 March 2010 Overflow of approximately 800 kilolitres of sludge from United Water Anstey Hill water treatment plant to an adjacent creek as a result of a failed level sensor. |
5 October 2011 Fine of $2,475 plus $4,070 technical costs imposed by the EPA. |
| Fibrelogic Pipe Systems, Chrysler Road, Lonsdale | 15 April 2010 Discharge of wastewater into stormwater system due to unlabelled and uncapped sewer pipe. |
10 January 2011 This matter dealt with by way of negotiated civil penalty, Section 104A EP Act 1993. Fine of $3,075 plus $285.95 technical costs imposed by the EPA. |
| United Water International Pty Ltd, Barossa Water Treatment Plant | 13 and 14 February 2007 Material environmental harm by discharging 40,000 litres of aluminium sulphate into Yetti Creek when a PVC fitting on pipe work failed at the Barossa Water Treatment Plant. |
31 August 2010 ERD Court. Guilty plea. Convicted and fined $80,000 and victims of crime levy of $80. |
| Resourceco Pty Ltd, Wingfield Road, Wingfield | 9 March to 11 August 2006 Breach of licence condition by disposal of waste in onsite batters between March to August 2006. |
25 May 2010 ERD Court. Granted orders for a penalty of $133,000 plus $17,000 technical costs. |
| Bradken Resources Pty Ltd, Cromwell Road, Kilburn | 17 September 2008 Fire onsite produced a large black plume of thick smoke that caused environmental nuisance. |
23 April 2010 Fine of $3,750 plus $6,768.89 technical costs imposed by the EPA. |
| South Australian Water Corporation, Adelaide Pipeline | 31 January 2008 Discharge of sediment from water tanks on the Adelaide to Mannum pipeline at Palmer. |
17 December 2009 ERD Court. Guilty plea. Convicted and fined total of $30,000. Ordered to pay victims of crime levy of $130. |
| Mulhern's Waste Oil Removal Pty Ltd, Mulhern Elder Road | 27 July 2007 Spill of diesel oil from a 30,000 litre storage tank on Mulherns site at Largs Bay. |
3 April 2009 ERD Court. Guilty plea. Convicted and fined total of $460,000. Ordered also to pay prosecution costs of $800. 20 November 2009 28 April 2010 |
| Agribusiness Services Pty Ltd, Barossa Vines Rosedale Vineyards, Turretfield Road, Rosedale. | 22 October 2007 Illegal dumping of waste into dry creek bed at site of Barossa Vines Rosedale Vineyards, Turretfield Road, Rosedale. |
27 February 2009 Fine of $13,918.50 plus $6,046.48 technical costs imposed by the EPA. |
| Downer EDI Works Pty Ltd, Kilburn contamination | 10 January 2005 Depositing contaminated soil in fill for a housing development at Kilburn. Contaminated soil is allegedly to have come from a site at Ashwin Parade, Torrensville. |
27 October 2008 ERD Court. Guilty plea. Convicted and fined total of $90,000 and EPA investigation costs of $98,639.68. Ordered also to pay prosecution costs of $1,000 and victims of crime levy of $120. |
| Transpacific Industries Pty Ltd, Dry Creek Wetlands | 28 June 2006 Alleged wastewater discharge from sewer into wetlands. |
28 September 2008 ERD Court. Guilty plea. Convicted and fined total of $15,000 plus $650 prosecution costs awarded and $120 victims of crime levy. |
| Agnidla Pty Ltd, Aldinga Turkeys | 19 May 2006 Allowed poultry processing effluent to drain onto another person’s land. |
18 April 2008 ERD Court. Guilty plea. Convicted and fined total of $36,000 plus $140 victims of crime levy. |
| The South Australian Brewing Company | December 2006 200 litres of beer that entered the Torrens River causing white scum and odour in the river causing environmental nuisance. |
October 2007 Fine of $3,750 imposed by the EPA. |
| Giorgio Stillisano | 2006 Operating a waste depot without a licence. |
6 November 2007 ERD Court. Convicted but no fine imposed by the Court due to the poor financial state of the offender. Judge did indicate that she would have fined the offender $7,000 reduced to $5,200 for early guilty plea and cooperation shown by the offender. The offender also had to spend $31,000 to remediate the waste deposited. |
| South East Industrial Vacuum | 13 February 2006 Collecting liquid waste from industrial premises without a licence. |
3 July 2007 ERD Court. Convicted and fined $4,760. |
| Rocks and Pty Ltd | February 2004 to July 2006 Operating a waste depot without a licence. |
9 May 2007 ERD Court. Guilty plea. Convicted and fined $19,200. |
| Spiros Perentes | 2006 Placed demolition waste into an excavated hole in which groundwater was present. |
9 February 2007 ERD Court. Guilty plea. Convicted and fined $3,000. |
| Resourceco Pty Ltd | 12 October 2005 Breach of licence condition and Environment Protection Order by failing to ensure the height of raw and processed materials stockpiled at the premises is no greater than the raised earth bank at the premises. |
8 November 2006 ERD Court. Guilty plea. Convicted and fined $62,400. Appeal against amount of fine dismissed by Supreme Court 16 February 2007. |
| Shannon Michael Kernick, Pages Flat | July 2005 Causing milking shed effluent to escape from his property to fail to operate an effective disposal system. |
9 February 2006 ERD Court. Guilty plea. Convicted and fined total of $5,000 in relation to both counts. |
| Auspine Pty Ltd, Kalangadoo | September 2004 Breach of Licence condition that related to failing to roof an area used to store treated wood. The EPA had been attempting to get the company to roof the area over an eight-year period. |
3 February 2006 ERD Court. Guilty plea. Convicted and fined $40,800. |
| Peter Wayne Mitchell, Gawler River | August 2002 to October 2002 Permitted demolition waste material to be deposited on Allotment 4, Deposited Plan 51380 in the area named Gawler River, Hundred of Mudla Wirra. Did not have an environmental authorisation to allow this material to be deposited. |
16 December 2005 ERD Court. Guilty plea. Convicted and fined $60. |
| Ross Maynard Gordon Dawkins, Gawler River | December 2001 to October 2002 Permitted demolition waste material to be deposited on Allotment 5, Deposited Plan 51380 in the area named Gawler River, Hundred of Mudla Wirra. Did not have an environmental authorisation to allow this material to be deposited. |
16 December 2005 ERD Court. Guilty plea. Convicted and fined $500. |
| Richard John Crowley, Ashford | 9 July 2004 Unauthorised use of X-ray machine by an unlicensed operator. |
14 October 2005 Magistrates Court. Guilty plea. No conviction recorded and fined $2,000. |
| Christine Ashby, Clare | 6 November 2004 Unauthorised use of X-ray machine by an unlicensed operator. |
10 October 2005 Magistrates Court. Guilty plea. Conviction recorded and fined $200. |
| Cromatec Pty Ltd, Edwardstown | 10 November 2003 Failing to complete details of waste tracking forms as required. |
18 March 2005 ERD Court. Guilty plea by company, conviction recorded and fined $6,000. Technical costs of $3,343 awarded to EPA. |
| TransAdelaide, Adelaide | 23 July 2003 Escape of approx 15,000 litres of diesel from pump as a resulted of a suspected faulty mechanism. This occurred at rail yards adjacent to the Torrens Lake. Diesel flowed into lake via stormwater pipe. |
15 November 2004 ERD Court. Guilty plea by company. Conviction recorded and fined $120,000 plus costs of $28,757.09. |
| Kangaroo Island Council | August 2002 Relates to three waste depots on the island where licence conditions were not complied with including, failure to provided environmental management plans, failure to provide groundwater monitoring plan, litter escaping from grounds, failure to cover waste and uncovering previously buried waste. |
19 August 2004 ERD Court. Guilty plea, conviction recorded and fined $75,000 plus costs of $1,507. |
| Chiltern Woods Pty Ltd, Midfield Pastoral Pty Ltd, Mt. Gambier | July 2002 Conducted a prescribed activity without an authorisation from the EPA. Relates to a cattle feedlot where approx 800 head per day of cattle were housed near Mount Gambier between June 2001 and J002. |
2 July 2004 ERD Court. Guilty plea by both companies 31 May 2004. Both companies convicted. Chiltern Woods Pty Ltd fined $34,000 plus $6,000 costs. |
| Rural City of Murray Bridge | February 2003 Breach of licence conditions in relation to Brinkely road landfill, relates to continuing escape of litter from the depot. |
6 April 2004 ERD Court. Convicted and fined $31,996. |
| South Australian Water Corporation | 24 May 2002 Escape of sewage from burst main into Port Lincoln marina. |
7 April 2004 ERD Court. Guilty plea, fined $13,500 conviction recorded. Costs $4,054 |
| Graeme John Mooney, Port Lincoln | May 2003 This matter relates to the use of an x-ray machine at a Port Lincoln Veterinary Clinic. |
9 February 2004 Magistrates Court. Convicted, fined $2,500. Machine to be forfeited. |
| Shannon Kernick, Pages Flat | 9 April 2003 Allowed milking shed effluent to escape property and end up on another person’s land. |
30 January 2004 ERD Court. Found guilty in his absence – ex parte. $5,000 fine, $150 prosecution costs and $100 technical costs. |
| Rodney Stienert | September 2002 Dairy effluent lagoons overflowed into watercourse/wetland as a result of cleaning operations conducted by Rod Stienert. |
9 December 2003 ERD Court. Found that Stienert had no case to answer and dismissed the charge. |
| Gino Pacitti, Hindmarsh Tiers | August 2002 Alleged to have allowed milking shed effluent to enter a water course (Hindmarsh River). Breach of mandatory provision of Environment Protection (Milking Shed Effluent) Policy. |
27 August 2003 ERD Court. Guilty plea. Conviction recorded, fined $700 plus $150 costs. |
| International Marine Transport Pty Ltd | 6 February 2002 VLCC Osprey alleged to have caused an odour across metro area of Adelaide after having vented tanks which had contained crude oil. |
27 May 2003 ERD Court. Trial commencing 26 May 2003 evidence given. Court found insufficient evidence to sustain charge. Defendant found not guilty. |
| BRL Hardy Limited | June 2001 Discharge of winery wastewater to unauthorised location on three different occasions. Berri Estates Winery, escape of winery effluent from woodlot. |
20 May 2003 ERD Court. Guilty plea. Conviction recorded fined $97,600, technical costs $18,062. |
| Adelaide Mushrooms (Nominees) Pty Ltd | 10 August 2002 Discharge of contaminated wastewater into stormwater system at premises and subsequently flow into creek system. |
October 2003 Matter withdrawn by agreement. |
| Adelaide Mushrooms (Nominees) Pty Ltd | 11 October 2000 Discharge of contaminated wastewater into stormwater system at premises and subsequently flow into creek system. |
10 March 2003 Matter withdrawn insufficient evidence 10 March 2003. |
| Gregory John Gogel, Murray Bridge | 14 September 2001 Licensed waste contractor. Dumping of septic tank waste at non-approved site. |
9 October 2002 ERD Court. Guilty Plea. Convicted and fined $13,650. |
| Brambles Australia Ltd t/a Cleanaway, Wingfield | 13 June 2000 Acid plume. |
13 May 2002 Costs awarded against EPA $51,277.99. Costs $22,995.73. Disbursements $28,282.26. Reduction of $4,277.99. Total costs against EPA $47,000. |
| Hamilton Wine Group Pty Ltd, Leconfield, Coonawarra | 30 July 2000 to 1 November 2001 Hamilton’s Wines contravened a condition of their licence by failing to submit an environment improvement program by the due date. |
15 March 2002 ERD Court. Fined: $16,325. Costs: $1,675. |
| Sahrax Pty Ltd, Max Way. Waste Depot | November 2000 Relates to failure to have a person in attendance at a waste depot when gates open, failing to lock gates. |
11 December 2001 ERD Court. Count 1 convicted and fined $1,000. Count 2 found not guilty, EPA to pay $300 to defendant. |
| Rocla Ltd, Rowland Flat | 28 July 2000 Breached wall in silt retention dam. |
15 October 2001 ERD Court. Pleaded guilty. Convicted fined $6,250. Ordered to pay costs of $1,600 to EPA plus $3,500 to Crown for prosecution costs. |
| Luigi. Rulla, 22 Pitanda Road, Banksia Park | 27 October 2000 Escape of toxic fumes from buried containers. |
5 October 2001 ERD Court. Pleaded guilty. Convicted and fined $10,500, must pay $2,000 in technical costs and $5,000 in costs for disposal of contaminated soil and waste to Environment Protection Fund. Has also agreed to pay $4,500 to Tea Tree Gully Mouldings and Mitre 10 as compensation for their loss. |
| G&V Trimboli, Gawler River | 31 August 2000 The Trimbolis operated a licensed waste depot at Gawler River. As part of conditions of licence they were required to have a person supervising the depot during operating hours. An inspection revealed that no person was present and vehicles were still depositing waste at the depot. |
15 May 2001 ERD Court. Fined $2,000. |
| Southcorp Wines Pty Ltd, Nuriootpa | 5 March 2000 Numerous complaints from residents of the Barossa Valley were received of polluted water and dead fish in the North Para River. An investigation showed that Southcorp Wines who operated a winery on the banks of the river had an electrical problem with a winery effluent sump. The sump was designed to pump effluent to lagoons on the property but because of the electrical failure winery effluent had entered a drain and flowed to the North para River. It is estimated that approximately 10 megalitres of winery effluent entered the river. A successful cleanup was undertaken. |
18 December 2000 ERD Court. Fined total of $118,000 and $21,000 costs. |
| Mobil Refining Australia Pty Ltd, Port Stanvac | 28 June 1999 Crude oil was transferred from a ship to on shore storage at the refinery. At the completion of the transfer Mobil used procedures to evacuate oil from the transfer hose. A pressure surge occurred causing a marine breakaway coupling, fitted to the hose to activate. The coupling did not activate as designed and approximately 270,000 litres of oil entered the waters of Port Stanvac. The oil spill was successfully cleaned up. |
13 June 2001 Christies Beach Magistrates Court. Fined $50,000. Costs $50,000. |
| Pasminco Pt Pirie Smelter Pty Ltd, Port Pirie | 3 May 1999 Zinc electrolyte solution (ZE) was placed into a holding tank at the smelter. As a result of a possible blockage at the top of cooling towers ZE escaped the system and into the holding tank. This tank then overflowed into a bunded area. A sluice gate in the bunded area was open and it allowed approximately 20 kilolitres of ZE to flow to the marine environment near First Creek. Fifty fish were later found dead in this area. |
16 March 2001 ERD Court. Fined $40,000. |
| Brambles Australia Ltd t/a Cleanaway, Wingfield | 23 March 1999 About 1,200 litres of methyl ethyl ketone peroxides (MEKP) were received at the Cleanaway treatment plant for disposal. An employee was directed to decant the liquid into a bulky bin so that the MEKP could be fed into the furnace for incineration. The employee placed approximately 700 litres into a bin and completed duty for the day. Several hours later the MEKP reacted with a contaminant in the bin and ignited. A large fire destroyed the MEKP and part of the treatment plant and caused South Road to be closed for several hours due to smoke. |
16 May 2001 ERD Court. Fined $18,750. |
| Holden Limited, Elizabeth | 5 June 1998 Employees of the defendant at its premises at Elizabeth discharged waste namely water containing Henkel SDC, into the stormwater system, that entered the Little Para River at Salisbury causing an unsightly and offensive condition. |
18 October 1999 ERD Court. Fined: $20,000 on count 1 – environmental nuisance and $5,000 for breach of licence condition. |
| Mobil Refining Australia Pty Ltd, Lonsdale | 29 April 1998 An employee of the defendant at its refinery at Lonsdale discharged the gas ethyl mercaptan into the environment which caused actual harm to the health and safety of persons which was not trivial, causing losses exceeding $5,000. |
30 April 1999 ERD Court. Fined $24,000 plus costs $600. |
Pollution of Marine Waters (Prevention of Pollution from Ships) Act 1987
| Offender | Incident | Outcome |
|---|---|---|
| York Civil Pty Ltd | 11 September 2006 Dredge named Teal capsized at Berth 25, Port River and was completely underwater. Diesel and hydraulic fluid is leaking from the vessel. |
14 August 2009 Port Adelaide Magistrates Court. Guilty plea. Convicted and fined $50,000 reduced to $40,000 for an early guilty plea plus clean up costs and investigation costs in the total of $29,404.56. |
| Triquetra Pty Ltd | 31 July to 3 August 2004 In the early hours of 2 August 2004 the dredge Marcon sunk at anchor, approximately 170 litres of diesel escaped into the Holdfast Shore Marina and out to sea. |
25 October 2006 Adelaide Magistrates Court. Guilty plea. Convicted and fined $32,000. |
| Eastern Seatrade Limited | 13 October 2004 Oil or an oily mixture was discharged from the ship MV Sea Angel into the Port River. The owner of the ship Eastern Seatrade Limited and the master of the ship Shakeel Ehmed Khan were charged with discharging oil or an oily mixture into state waters. |
2 August 2006 Adelaide Magistrates Court. Guilty plea. Convicted and fined $30,000 and ordered to pay clean up costs of $44,000. The charge against the master of the vessel was withdrawn. |
Last modified: 02/05/2012 04:00 pm
