Penalty for serious environmental harm in Adelaide Hills
A business and its sole director have been convicted and fined $340,000 for intentionally causing serious environmental harm in the Adelaide Hills.
The penalty is the result of an investigation by the Environment Protection Authority (EPA).
In the Environment, Resources and Development Court Tara Hills Pastoral and its sole director Philip Rollond have been found guilty of eight contraventions of the Environment Protection Act (EP Act). These charges include two counts of intentionally causing serious environmental harm, four counts of failing to comply with a direction of an authorised officer and two counts of failing to comply with a clean-up order.
Tara Hills Pastoral was found guilty of three offences in relation to the EP Act, with Mr Rollond found guilty of five offences.
In the Environment, Resources and Development Court His Honour Senior Judge Durrant ordered Mr Rollond to pay $340,000 plus a victims of crime levy of $2,494.
In March 2016, Tara Hills Pastoral was found to have intentionally dumped into a pit on its Tungkillo property, tyres, oil, used truck filters and 44-gallon drums, some of which contained oil. The pit was located near a creek and swamp area, with several experts testifiying at the trial that serious environmental harm would have occurred for a period of up to 30 years if the EPA had not intervened.
Mr Rollond then failed to comply with a clean up order issued by the EPA.
In sentencing, Senior Judge Durrant stated that a strong message must be sent to deter the defendants and others from offending in this way.
“The conduct of Tara Hills Pastoral disregarded the risk of environmental harm to the creek and swamp, and the protection and enhancement of the environment,” Senior Judge Durrant said.
The EPA’s Director of Compliance, Circular Economy and Investigations Steven Sergi said the conviction would serve as a strong deterrent for anyone considering violating the Environment Protection Act.
“Senior Judge Durrant has sent a strong message in his sentencing remarks that this type of environmental offending is serious and that failing to comply with a direction of an authorised officer and a clean-up order will not be tolerated,” he said.
The defendants have lodged a Supreme Court appeal in relation to the case.
Charges:
Tara Hills Pastoral
- Count 1 charge - section 79(1) of the EP Act - Intentionally cause serious environmental harm
- Counts 2 and 3 contraventions (x2) to section 90(1)(c) of EP Act - failure to comply with directions of an Authorised Officer (AO)
Philip Rollond
- Count 4 charge - section 79(1) of EP Act - Intentionally cause serious environmental harm under section 129(1) by reason of Rollond being a Director of Tara Hills Pastoral
- Counts 5 and 6 (x2) contraventions to section 99(8) failing to comply with a clean-up order
- Counts 7 and 8 (x2) contraventions to section 90(1)(c) of EP Act - failure to comply with directions of AO under s129(1) by reason of Rollond being a Director of Tara Hills Pastoral
