Completed prosecutions & civil penalties

Environment Protection Act 1993

The information contained here is a summary only. For full details of cases, please refer to ERD Court sentencing remarks and judgments.

As an alternative to criminal prosecution for less serious offences, the EPA may negotiate a civil penalty with an individual or corporation the EPA believes has contravened the EP Act or may apply to the ERD Court for an order that the person/s pay an amount as a civil penalty to the EPA. Civil penalties negotiated by the EPA are developed in compliance with the policy for calculation of civil penalties.

Offender	Incident	Outcome
Jason Tranter	20 July 2021 Jason Tranter unlawfully disposed of excavated soil on to Crown Land and into waters along the Murray River adjacent to 7-8 Burgess Road, Sunnyside, intentionally or recklessly causing serious environmental harm contrary to section 79(1) of the EP Act.	8 April 2024 In the ERD court Jason Tranter was convicted and fined $100,000, reduced by 40% on account of a guilty plea, with a final penalty in the amount of $60,000. Mr Tranter was also ordered to pay prosecution costs of $1,100 and Victims of Crime Levy
Santos Ltd	4 July 2021 Santos failed to notify the EPA, as soon as reasonably practicable, of a discharge from the Jena 20 Flowline located 80 km southwest of Moomba, contravening section 83A of the EPA Act.	2 June 2023 The EPA negotiated a civil penalty with Santos in the amount $70,031.25.
Karl Investments Pty Ltd & Karl Stephen Chehade	19 December 2018 On 8 August 2018, Karl Investments was served with a Site Contamination Assessment Order in relation to site contamination identified in the vicinity of Karl Chehade Dry Cleaners at 433 Brighton Road, Brighton SA. Karl Investments Pty Ltd and sole director, Karl Stephen Chehade, failed to comply with the Site Contamination Assessment Order contrary to section 103H(6) of the EP Act.	26 April 2023 In the ERD Court, Karl Investments and Karl Stephen Chehade were convicted; a bond was imposed, and $2,996 in prosecution costs. The bond includes conditions to address the site contamination, and to repay the EPA $82,996 being the cost of further testing undertaken by the EPA pursuant to section 103Q of the EP Act.
Belington Pty Ltd (trading as Old Red Brick Company)	6 January 2021 to 27 January 2022 Between 6 January 2021 to 27 January 2022 Belington operated a waste depot at their site in Beverley SA without the appropriate EPA authorisation in the form of a licence. 23 December 2021 On 23 December 2021 Belington caused a vehicle to catch fire on land within a council area in Beverley SA contrary to clause 5(1) of the Environment Protection (Air Quality) Policy 2016.	26 September 2022 In the ERD Court, Belingtonwas convicted for undertaking a prescribed activity without authorisation and fined $24,700. Belington was also convicted for contravening a mandatory provision of an environment protection policy for causing the vehicle fire. No further penalty was applied. Belington was ordered to pay $1,030 in prosecution costs.
D&J Holdings SA Pty Ltd Kevin Green Shirley Ann Moros	2018 D&J Holdings SA was jointly charged with Kevin Wayne Green and Shirley Ann Moros, in relation to the unlawful disposal of waste at 2 sites located in Penfield and Direk, SA in 2018, in addition to causing material environmental harm and failing to comply with a clean-up order. Offences: contravention of sections 36(1), 80(2) and 99(8) of the EP Act, respectively.	21 September 2022 D&J Holdings SA, its manager Kevin Wayne Green and director Shirley Ann Moros pleaded guilty to 2 counts each of undertaking an activity of environmental significance without an EPA authorisation, 2 counts each of causing material environmental harm and three counts of failing to comply with clean-up orders. D&J Holdings SA was fined $241,500; Mr Green was fined $161,000; and Ms Moros was fined $108,500. They are also jointly liable to pay $680,000, based on the economic benefit received by them, which will be used towards the remediation of the sites. D&J Holdings SA and Mr Green are also restrained from operating an unlicensed waste recovery or landfill depot at Burton, or any other site
Duncan Shaw	13 April 2020 to 1 May 2021 Between 13 April 2020 and 1 May 2021 in Para Hills, SA Duncan Shaw failed to store waste in accordance with conditions listed within EPA authorisation, contrary to section 45(5) of the EP Act.	18 July 2022 In the ERD Court Duncan Shaw was convicted for all 3 counts of failing to comply with licence conditions and ordered to pay prosecution costs of $1,030 and Victims of Crime Levy.
Southern Region Waste Resource Authority (SRWRA)	20 October 2020 SRWRA operates a licensed landfill and resource recovery facility at McLaren Vale. As part of the operation, an active landfill cell is used to dispose of waste and manage leachate from the waste. On 20 October 2020 a pumping operation failed and approx. 800–1,000 KL of leachate was discharged to Pedlar Creek. Breach of licence condition S45(5) and cause environmental nuisance section S82(2).	29 June 2022 The EPA negotiated a Civil Penalty with the Southern Region Waste Resource Authority in the amount of $28,350.
Fyfe Pty Ltd	December 2019 Fyfe installed a new groundwater monitoring well with samples sent for analysis. Fyfe received the results on 20 December 2019. Fyfe failed to identify the elevated petroleum hydrocarbon readings. Fyfe reported the contamination of groundwater to the EPA on 24 February 2020. S83(A) failing to notify of contamination.	27 June 2022 The EPA negotiated a civil penalty with Fyfe in the amount of $13,810.50.
DML Constructions Pty Ltd (Oakford Heights)	2018 DML were subcontracted by Oakford Homes in 2018 to undertake site works for a large housing development in Nairne (Oakford Heights). The EPA were notified of erosion after heavy rains in June 2018 which led to flooding of residential properties as well as sediments entering Nairne Creek. DML were charged with 2 counts of causing an environmental nuisance S82(2) by failing to undertake adequate site works to prevent erosion.	20 May 2022 In the ERD Court DML was convicted on both counts and fined for count 1: $4,200 and count 2; $5,600 with victims of crime levy and prosecution costs of $4,044. The company agreed to within 30 days publish a notice re the breaches in The Advertiser newspaper.
SEM Utilities Pty Ltd	2018 SEM Utilities Pty Ltd was charged jointly with D&J Holdings SA Pty Ltd, Kevin Wayne Green and Shirley Ann Moros for causing an environmental nuisance at two sites in 2018 contrary to section 82(1) of the EP Act. At Pellew Road, Penfield SA SEM Utilities Pty Ltd disposed of 18,113 tonnes of waste soils and 20,286 tonnes of construction and demolition waste. At Helps Road, Direk SA SEM Utilities Pty Ltd disposed of 26,930 tonnes of construction and demolition waste.	6 May 2022 In the ERD Court, SEM was convicted and fined $12,600 with Victim of Crime Levy and $2,000 in prosecution costs. SEM Utilities Pty Ltd agreed to pay $500,000 into a trust administered by the EPA for the clean-up of the 2 sites.
BP Shipping Limited	29 February to 5 March 2020 In Largs Bay BP Shipping caused material environmental harm by nuisance odours impacting the community from spilt fuel on the deck of the vessel British Explorer. S80(2) causing material environmental harm.	2 May 2022 The EPA negotiated a civil penalty with BP Shipping in the amount of $48,128 with$10,964.25 in legal fees, and $17,191.64 in technical costs.
City of Mount Gambier Council	24 May to 15 September 2021 At the Caroline Landfill in Yahl, the City of Mount Gambier contravened a condition of their EPA licence by failing to apply daily cover over the waste received and disposed of at the landfill. S45(5) breach licence condition.	5 April 2022 The EPA negotiated a civil penalty with the City of Mount Gambier in the amount of $11,583.
Mushroom Exchange Pty Ltd	15 May to 10 November 2020 At Monarto South, Mushroom Exchange Pty Ltd contravened a condition of their EPA licence by discharging wastewater from the property. S45(5) breach licence condition.	25 March 2022 The EPA negotiated a civil penalty with Mushroom Exchange in the amount of $14,256.
SA Water Corporation, Normanville Wastewater Treatment Plant	11 to 14 September 2020 SA Water discharged approximately 1 ML (1 million litres) of wastewater into the Normanville Creek, from their Normanville wastewater treatment plant. S45(5) breach licence condition, S34(2) breach mandatory provision of policy – clause 10 Water Quality Policy; S34(2) breach mandatory provision of policy – clause 17 Water Quality Policy and 82(2) cause environmental nuisance.	23 March 2022 The EPA negotiated a civil penalty with SA Water in the amount of $35,210.17.
Aurora Investments (No. 2) Pty Ltd and Alex Panas (Good Life Gym)	28 October 2017 Aurora Investments and Alex Panas were responsible for the high-pressure cleaning of the asbestos roof at the Goodlife Gym located on PortRush Road Payneham. The company and director were charged with causing material environmental harm S80(2) and failure to notify the Authority of environmental harm S83(1) of the EP Act.	1 March 2022 In the ERD Court, Aurora Investments and Alex Panas were convicted and fined. Aurora Investment $24,000 with $25,525.50 in clean-up costs and Alex Panas $12,000 with Victim of Crime Levy and $1,030 prosecution costs.
Riverland Vintners Pty Ltd (now t/a Winemasters Pty Ltd)	18 May to 13 September 2018 At 214 Nixon Road, Monash, Winemasters contravened a condition of their EPA licence by stockpiling wine waste at the site and subsequently failing to comply with a clean-up order to dispose of that waste. S45(5) breach licence conditions and 99(8) failure to comply with clean up order.	18 November 2021 The EPA negotiated a Civil Penalty with Winemasters Pty Ltd in the amount of $24,948.
Nevarc Construction Pty Ltd, trading as Oakford Homes	June 2018 Nevarc Constructions failed to implement all reasonable and practicable measures to prevent soil erosion occurring at a residential housing development in Nairn. The resulting runoff impacted on nearby residential properties and creek. The EPA issued an Order in July 2018 to control run off from the site with which Nevarc failed to comply. The company was charged with causing environmental nuisance S82 and breach of environment protection order S93(8) of the EP Act.	22 September 2021 In the ER&D Court Nevarc was convicted and fined $11,100 with Victim of Crime Levy and $3,925 in prosecution costs. The company has agreed to publish a record of the offending in the local newspaper and industry publications..
Adelaide Ship Construction International Pty Ltd	11 June 2019 Employees of the Adelaide Ship Constructions at Moorhouse Rd, Port Adelaide contravened 2 conditions of its EPA licence by: using high pressure water to blast the hull of a vessel which resulted in the discharge of a red liquid into the Port River and the company failed to ensure that every employee was aware of the conditions set out in that licence. The company was charged with two counts of breach of its licence S45(5) of the EP Act	17 September 2021 In the ERD Court Adelaide Ship Constructions was convicted and fined $25,000 Victim of Crime Levy and $1,000 prosecution costs.
David Alex Blackley	Between 18 and 19 November 2018 Mr Blackley unlawfully disposed of litter (namely by sinking a boat) to create an artificial reef in the Gulf of St Vincent. S22 Disposing of Litter, Local Nuisance and Litter Control Act 2016	14 July 2021 The EPA negotiated a Civil Penalty with David Blackley in the amount of $8,400.
Nyrstar Port Pirie Pty Ltd	Between 31 January and 2 February 2019 Nyrstar caused potential material environmental harm as a result of failing to prevent a discharge of approximately 700 litres of sulfuric acid into waters, contrary to section 80(2) of the EP Act 1993.	31 August 2021 Following an investigation into the incident, a court imposed civil penalty for the amount of $35,000 was handed down. The defendant was also ordered to pay court costs of $5,000
Miland Nominees Pty Ltd	31 August 2018 to 3 September 2019, and 24 May to 3 September 2019 Miland Nominees in Millicent contravened conditions of its licence contrary to section 45(5) of the EP Act and failed to comply with a clean-up order contrary to section 99(8).	8 June 2021 Convicted for 3 counts of contravening condition of environmental authorisation; 1 count of failing to comply with a Clean Up Order. Victims of Crime Levy of $240 imposed.
Ashton Valley Fresh Pty Ltd	29 August 2014 Two counts of contravening mandatory provisions of policy, contrary to section 34(2) EP Act 1993. The provisions within clauses 12 and 13 of the Environment Protection (Water Quality) Policy 2003 were contravened through the discharge of waste water to Deep Creek, causing harm.	21 May 2020 Convicted on both counts receiving a fine of $3,500. The convictions were appealed by the defendant, with the Supreme Court ultimately dismissing the appeal on 3 May 2021.
AC Demolition and Services Pty Ltd	8 May 2019 EPA officers attended the registered address of AC Demolition and Services Pty Ltd (AC Demolition), 5 Manfull Street, Melrose Park. 1 count of operating a waste depot without an environmental authorisation at 5 Manfull Street, Melrose Park, contrary to section 36(1), EP Act.	7 December 2020 After an investigation into the matter, a negotiated civil penalty of $11,137.50 was agreed between AC Demolition and Services Pty Ltd and the EPA.
Civil Tech Pty Ltd	Between 22 October 2018 to 5 March 2019 Civil Tech Pty Ltd contravened 3 of their licence conditions, contrary to section 45(5), EP Act 1993, namely: Advance notice to the EPA of dredging locations (S-64) Dredging register (A-7) Obligations to employees, agents and contractors (A-1).	2 November 2020 After an investigation into the matter, a negotiated civil penalty of $12,474 was agreed between Civil Tech Pty Ltd and the EPA.
Gavin Piller	3 April 2018 2 counts of hindering an authorised officer. Contrary to section 90(1)(a), EP Act 1993. 1 count of assaulting an authorised officer by grabbing at his camera, causing the strap to break. Contrary to section 90(2)(a), EP Act 1993. 1 count of assaulting an authorised officer by grabbing his shirt front and pushing him backwards causing him to fall to the ground; striking him on the head with a fist; and raising a plank of wood over his shoulder as he approached him. Contrary to section 90(1)(a), EP Act 1993.	11 August 2020 Convicted on hindering an EPA Officer and 2 counts of assaulting an EPA officer. Fined $2,100 with 4 months & 1 week imprisonment suspended on entering a 12-month good behaviour bond
GP and Sons	Between October 2017 and February 2018 Operating an unlicensed waste depot at Wingfield by causing or permitting the storage of 7.2 tonnes of asbestos waste. Contrary to section 36(1), EP Act 1993. Between 27 March and 3 April 2018 Operating an unlicensed waste depot at Largs Bay by causing or permitting the storage of 10.4 tonnes of asbestos waste. Contrary to section 36(1), EP Act 1993.	11 August 2020 Convicted and fined $49,000 for 2 counts of operating a waste depot without a licence in 2017 at Wingfield and 2018 at Largs Bay.
Destiny Contracting Pty Ltd and DeJay Contracting Pty Ltd	27 September 2017 and 23 November 2018 Destiny Contracting and DeJay Contracting were charged with 2 counts of operating a waste depot without an environmental authorisation at 1415–1417 Main North Road, Para Hills West. Contrary to section 36(1) and clause 3(3) of Part A Schedule 1, EP Act 1993.	9 June 2020 Convicted on each count and fined the sum of $56,100, plus prosecution costs of $1,000 and Victims of Crime Levy of $161.
Stewart Morgan	Between 22 February 2016 and 26 February 2016; 14 June 2017 Stewart Morgan caused material environmental harm by polluting the environment (deposited a Class 2 pollutant into waters of the Tobalong wetland) at 1155 Jevois Road, White Sands. Contrary to section 80(2) of the EP Act 1993 and failed to comply with a Clean Up Order. Contrary to section 99(8), EP Act 1993.	18 December 2019 Stewart Morgan was convicted on each offence, fined the sum of $15,000, ordered to pay prosecution costs of $1,100, ordered to pay $320 Victims of Crime Levy, ordered to make good the damage arising from causing environmental harm to the Tobalong Wetland.
Feyne Kaesler	9 June 2018 Feyne Kaesler contravened Clause 10(1) of the Environment Protection (Water Quality) Policy 2015 by depositing a Class 1 pollutant, namely shopping trolleys, into the waters of Spencer Gulf at Lucky Bay.	10 October 2019 After investigation, a negotiated civil penalty of $1,000 was agreed between Feyne Kaesler and the EPA.
Trevor Coghlan and David Coghlan	Between about 12 February and 24 September 2015 Trevor Coghlan operated a waste depot in Cavan without an environmental authorisation in the form of a licence. On or about 30 June 2015 at Cavan and elsewhere in South Australia, Trevor Coghlan failed to comply with a clean-up order, contrary to s 99(8) of the EP Act. Between 3 June 2015 and 01 October 2019, Trevor Coghlan used abusive or insulting language to an authorised officer contrary to s 90(1)(b) of the EP Act. On 24 September 2015, Trevor Coghlan and David Coghlan hindered an authorised officer in the exercise of powers conferred by the EP Act contrary to s90(1)(a). On or about 24 September 2015 at Cavan, David Coghlan used abusive or insulting language to an authorised officer contrary to s 90(1)(b) of the EP Act.	26 July 2019 Trevor Coghlan was convicted on each count and fined a total of $24,500, and a Victims of Crime Levy totalling $1,120 26 July 2019 David Coghlan was convicted on each count and fined $4,900 and pay a Victims of Crime Levy of $320 The defendants were order to pay prosecution costs of $1,656.
Port Adelaide Salvage and Maurizio Corsaro	Between 16 August and 13 November 2012 Port Adelaide Salvage and its director Maurizio Corsaro operated a waste depot without an EPA authorisation at 82–85 Churchett Road, Highbury (following a boundary realignment, now referred to as Paracombe). Contrary to section 36, EP Act 1993.	28 June 2019 Port Adelaide Salvage was convicted and fined the sum of $32,000, Maurizio Corsaro was convicted and fined the sum of $5,500. Both liable for prosecution costs of $3,850, and each ordered to pay $160 Victims of Crime Levy.
Luke Mason	21 March 2018 Luke Mason was charged with a single count of providing a cosmetic tanning service for fee at the Tan Ezy shop in Somerton Park. Contrary to regulation 5, Radiation Protection and Control (Non-Ionising Radiation) Regulations 2013.	1 March 2019 Luke Mason was convicted and fined $600, liable for prosecution costs of $800, and ordered to pay $160 Victims of Crime Levy.
Maurizio Corsaro	Between 25 January and 28 August 2015 Maurizio Corsaro operated a waste depot without an EPA authorisation at 11 Range Road South, Houghton. Contrary to section 36, EP Act 1993.	7 February 2019 Maurizio Corsaro was convicted and fined the sum of $18,000, liable for prosecution costs of $3,350 and ordered to pay $160 Victims of Crime Levy.
Lobethal Nominees Pty Ltd (t/as GE HughesTransport Pty Ltd)	5 January to 25 April 2015 GE Hughes Transport transported a controlled waste while not in possession of the required consignment authorisation. Breach of section 34(2)(b). Contravention of mandatory provision of Environment Protection (Movement of Controlled Waste) Policy 2014.	11 January 2019 After investigation, a negotiated civil penalty of $1,000 was agreed between Lobethal Nominees and the EPA.
SA Power Networks	25 October 2017 A transformer at the SA Power Networks substation site in Thebarton, exploded and burst into flames generating a substantial amount of smoke pollution. As a result of this incident insulating oil from the ruptured generator entered the Torrens River via stormwater pipes causing a minor pollution incident which was quickly remediated. Breach of S82(2) (cause environmental nuisance), EP Act 1993.	18 August 2018 After investigation, a negotiated civil penalty of $3,465 was agreed between SA Power Networks and the EPA.
EM Earthmovers Pty	16 August and 13 November 2012 EM Earthmovers Pty Ltd was alleged to have operated a waste depot without an environmental authorisation in the form of a licence by permitting the disposal of mixed construction and demolition waste at Highbury. Contrary to section 36(1) and clause 3(3)(i) of Part A of Schedule 1, EP Act 1993).	9 August 2018 Convicted and fined $24,200, plus prosecution costs of $1,400, plus court fees of $256, plus a Victims of Crime Levy of $160.
Zane Smith	4 June 2018 Zane is alleged to present containers to a collection depot for the purpose of claiming a refund in relation to the containers when he knew or had reason to believe the containers were not purchased in South Australia. Contrary to section 69C, EP Act 1993.	28 June 2018 Convicted and fined $4,800, plus $800 prosecution cots and a Victims of Crime Levy of $160. The containers were forfeited to the EPA.
Flinders Operating Services Pty Ltd	27 December 2016 and 4 January 2017 Flinders is alleged to have polluted the environment by failing to prevent fugitive dust emissions from leaving the Port Augusta Power Station ash storage dam, causing an environmental nuisance. Breach of section 82(2), EP Act 1993.	June 2018 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $2,261.25.
SA Water	March 2016 SA Water is alleged to have discharged sewage into water in breach of clause 10(1) of the Environment Protection (Water Quality) Policy 2015. Under section 34(2), EP Act 1993, it is an offence to contravene a mandatory provision of an environment protection policy.	April 2018 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in the amount of $1,000.
SA Demolitions & Salvage Pty Ltd	July 2016 SADS was charged for with 4 counts of operate waste depot without a licence between 9 May 2016 and 31 August 2016 by receiving & storing asbestos waste at their Hindmarsh depot, and 1 count of contravene condition of waste transport licence by transporting asbestos whilst not appropriately wrapped & sealed under sections 36(1) and 45(5), EP Act 1993.	23 March 2018 Convicted on all 5 counts, fined $28,000 and a Victims of Crime Levy of $160. Ordered to pay $900 in prosecution costs to the EPA.
Adelaide Resource Recovery (ARR)	ARR was charged with 2 counts of breach of licence between 13 September and 9 October 2013 by the storage of Construction & Demolition Waste (Mixed), and Commercial & Industrial Waste (General) onsite that was under cover. The ERD Court found the ARR not guilty of both counts. On appeal, the Full Court of the Supreme Court found ARR guilty of the first count and not guilty of the second count under section 45(5), EP Act 1993.	23 February 2018 Convicted on 1 count of breach of licence and fined $25,000.
Clare & Gilbert Valley Council	September 2017 The Clare and Gilbert Valley Council is alleged to have operated a waste or recycling depot without an EPA authorisation breaching section 36 of the EP Act.	14 February 2018 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A EP Act 1993) in an amount of $14,280.
District Council of Grant	May 2017 DC Grant is alleged to have contravened a licence condition by causing/permitting the escape of septic sludge, at the Port MacDonnell Waste Depot. Section 45(5) of the EP Act 1993	14 February 2018 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $13,365.
Anthony Rosier	Mr Rosier removed 800 m² of asbestos sheeting from a site at Kanmantoo in January 2016 when his licence to remove asbestos had been revoked. To enable disposal and transport of the asbestos, Mr Rosier falsified 8 waste transport certificate using false business and personal names breaching section 119, EP Act 1993.	21 December 2017 Convicted of 8 counts of providing false and misleading information and 1 count of failing to comply with a direction from Authorised Officer, and fined $15,600.
Adelaide City Council (ACC)	ACC failed to comply with licence conditions relating to ‘capping’ of its former landfill site at Wingfield breaching section 45(5), EP Act 1993.	30 November 2017 Convicted on 2 counts of breach of licence and fined $90,000.
Allan Speck	June 2016 Mr Speck disposed of approximately 2.5 tonnes of demolition waste into a Salisbury Council reserve breaching section 34, EP Act 1993.	30 November 2017 Convicted and fined $2,700. Mr Speck was ordered to pay City of Salisbury $2,488.46 for removing the waste.
Duncan Shaw	March 2015 Mr Shaw was recycling mattresses at a premises in Elizabeth without an EPA licence. The activity created an environmental nuisance under section 82(2), EP Act 1993.	23 November 2017 Convicted and fined $1,500.
Ahman Mahmoud	November 2016 Sale of beverages in containers not approved contrary to section 69 B (1), EP Act 1993.	27 July 2017 Convicted and fined $700, plus $800 prosecution costs and a Victims of Crime Levy of $160.
Ong Company Pty Ltd and Quong Khoa Ong	November 2016 Sale of beverages in containers not approved contrary to section 69 B (1), EP Act 1993.	2 July 2017 First defendant – convicted, second defendant – without conviction. Fined $1,200, plus $800 prosecution costs and a Victims of Crime Levy of $320.
Kamran Golzar	August 2016 Sale of beverages in containers not approved contrary to section 69 B (1), EP Act 1993.	19 July 2017 Convicted and fined $5,250, plus $800 prosecution costs and a Victims of Crime Levy of $160.
Hussain Qasemi and Jan Jaafary	31 August 2016 Hussain Qasemi and Jan Jaafary were identified as providing 1748 non-compliant beverage containers for sale in breach of section 69, EP Act 1993.	15 June 2017 Convicted and fined $8400 plus Victims of Crime Levy $320. Ordered to pay $800 in prosecution costs to the EPA.
Mohommad Sharafat	31 August 2016 Mohommad Sharafat was identified as providing 494 non-compliant beverage containers for sale in breach of section 69, EP Act 1993.	05 May 2017 Convicted on 6 counts of unauthorised sale of beverages. Fined $900 plus $960 Victims of Crime Levy. Ordered to pay $800 in prosecution costs to the EPA.
Thuan Phat Pty Ltd	31 August 2016 The supermarket Tuan Phat was identified as providing 385 non-compliant beverage containers for sale in breach of section 69, EP Act 1993.	14 March 2017 Convicted on 3 counts of unauthorised sale of beverages. Fined $1,200 plus $160 Victims of Crime Levy. Ordered to pay $800 in prosecution costs to the EPA.
Ali Mashouf	31 August 2016 Ali Mashouf was identified as providing 105 non-compliant beverage containers for sale in breach of section 69, EP Act 1993.	9 March 2017 Convicted on 2 counts of unauthorised sale of beverages. Fined $1,020 plus $160 Victims of Crime Levy. Ordered to pay $800 in prosecution costs to the EPA.
Virginia Nursery Pty Ltd	21 October 2016 Virginia Nursery identified to be burning waste in the open air without a permit. Charged with intentionally or recklessly breaching a mandatory provision of the Environment Protection (Burning) Policy 1994, section 34(1), EP Act 1993.	22 February 2017 Convicted and fined $1,500 plus $160 Victims of Crime Levy. Ordered to pay $800 in prosecution costs to the EPA.
Jake Martin-Herde	3 March 2015 Jake Martin-Herde was identified as operating a commercial cosmetic tanning business in breach of regulation 5 of the Radiation Protection and Control (Non-ionising Radiation) Regulations 2013	17 August 2016 Convicted on two breaches of the Radiation Protection and Control Regulations. Fined $2,100 plus $160 Victims of Crime Levy. Ordered to pay $900 in prosecution costs to the EPA.
Benjamin Liemareff	December 2014 Unlawfully disposed approximately 200 tonnes of waste soil in the Black Hill Conservation Park breaching a mandatory provision of an Environment Protection Policy, section 34(1), EP Act 1993.	30 June 2016 Convicted on 2 counts of contravening Clause 10 of the EPP by Unlawful Disposal of Waste at section 34, EP Act 1993. A single penalty of $18,000 was imposed with $800 prosecution costs and $160 victim of crime levy.
Nasmin Pty Ltd	Between 3 and 6 January 2012 Disposal of 2,600 tonnes of contaminated soil at Mt Compass. Charged with operating a waste depot without an environmental authorisation, section 36(1), EP Act 1993.	26 April 2016 Convicted of operating a waste depot without a licence. Fined $28,000 plus $160 victim of crime levy.
Geoffrey Ashurst	7 February 2015 Illegal dumping of waste onto land in Dawesley without the owner’s permission.	11 March 2016 Charge: 2 counts of intentionally or recklessly contraveneing a mandatory provision of an Environment Protection Policy, section 34(1), EP Act 1993 and clause 10(1), EP (Waste to Resources) Policy 2010. ERD Court. Guilty plea. Convicted on two counts and received a fine of $7200. Defendant also required to pay $800 in prosecution costs.
Trevor Day	Between December 2013 and April 2015 Illegal dumping of waste onto land in the Mt Magnificent Conservation, Park Yundi without the owner’s permission.	4 March 2016 Charge: 3 counts of intentionally or recklessly contravening a mandatory provision of an Environment Protection Policy, section 34(1), EP Act 1993 and clause 10(1) of the EP (Waste to Resources) Policy 2010. ERD Court. Guilty plea. Convicted on 3 counts and received a fine of $3,600. Defendant also required to pay $2,827 in clean-up costs to the EPA.
ResourceCo Pty Ltd	Between 30 August and 17 October 2012 Breach of licence condition by receiving Commercial & Industrial Waste that was not permitted under the licence.	12 February 2016 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $13,860.
TMK & Associates Pty Ltd	Between 28 February 2012 & 1 September 2014 Fail to notify EPA of site contamination of groundwater. Failed to report groundwater contamination discovered as a result of environmental assessment conducted in Cheltenham.	30 November 2015 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $10,395.
Acquista Investments Pty Ltd & Veolia Environmental Services (Australia) Pty Ltd together Integrated Waste Services, Hines Road, Wingfield	On 14, 16 and 22 July 2014 Alleged incident. Breach of licence conditions by operating the Waste or Recycling Depot outside of the licensed operating hours at Lemmey Road, Lower Light.	19 April 2016 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $11,088.
Gabriel Ivanyi	Between December 2012 and May 2013 Illegal dumping of waste on land at Pedder Crescent, Regency Park and Eastern Parade, Gillman without the owner's permission.	10 February 2016 Charge: Intentionally or recklessly contravened a mandatory provision of an environment protection policy section 34(1), EP Act 1993 and clause 10(1) of the EP (Waste to Resources) Policy 2010. ERD Court. Guilty plea. Sentenced to imprisonment for four months and two weeks, sentence suspended upon defendant entering into a good behaviour bond for two years. Ordered to pay landowners compensation for clean-up of land in sum of $44,000 and victim of crime levy of $160.
SA Sawmilling Pty Ltd	16 and 17 December 2013 Alleged incident. Breach of licence condition by not storing substances that, by their nature or amount, had the potential to cause environmental harm to surface waters or groundwater at 2 Francis Road Wingfield.	13 November 2015 The alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in the amount of $10,395.
Acquista Investments Pty Ltd & Veolia Environmental Services (Australia) Pty Ltd together Integrated Waste Services, Hines Road, Wingfield	Between November 2011 and July 2013 Alleged incident. Breach of licence conditions by receipt of grease trap waste and liquid waste and sludge at waste depot located at Hines Road, Wingfield.	10 November 2015 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $14,850.
Spectrum Transport Systems Pty Ltd Para Hills West	3 November 2014 Alleged incident. Presentation of 2,433 beverage containers not purchased in South Australia for refund at Scout Recycling Centre at Green Fields.	30 October 2015 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $5,890.50.
Adelaide Resource Recovery Pty Ltd, Dry Creek	Between 18 October 2012 and 8 August 2013 Breach of licence condition by storage of low level contaminated waste at Dry Creek in the open rather than undercover as required by its environmental authorisation (licence).	26 June 2015 This matter dealt with by way of Court agreed civil penalty (section 104A, EP Act 1993). ERD Court. Granted orders for a penalty of $25,000.
Kingston Estate Wines Pty Ltd, 347 Renmark Avenue, Renmark	Between 16 August and 17 August 2013 Discharge of wine from storage tank which subsequently entered groundwater. This discharge was contrary to clause 13 of the EP (Water Quality) Policy 2003.	22 June 2015 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $1,000.
Troy Batters	Between 3 July and 7 July 2014 Illegal dumping of construction and demolition waste at land located on property at Lots 6 and 7 Middle Beach Road, Two Wells without the owner's permission.	9 June 2015 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 EP (Waste to Resources) Policy 2010. ERD Court. Convicted and fined $9,900. Ordered to pay prosecution costs of $800 and victim of crime levy of $160.
Shane Terrence Hanley	14 July 2014 Disposal of concrete waste from pumping operation to vacant block at Piovesan Court, Kidman Park without the owner’s permission. An Environment Protection Order and expiation notice were issued whereby Mr Hanley did not clean up the site and elected to be prosecuted.	28 April 2015 Charge: Intentionally or recklessly contravened a mandatory provision of an environment protection policy in section 34(1), EP Act 1993 and clause 10(1), Environment Protection (Waste to Resources) Policy 2010; and failure to comply with an environment protection order, section 93(8) of the EP Act 1993. ERD Court. Guilty plea. Convicted and fined $19,000. Ordered to pay prosecution costs of $800 and two victim of crime levies of $320.
South Australian Water Corporation, Port Lincoln Wastewater Treatment Plant	Between 2 April 2013 and 17 April 2013 Alleged Incident. Increase of water cap and hydraulic load into sludge lagoons causing seepage of wastewater in the form of supernatant onto the adjacent beach, which is an alleged breach of a licence condition at section 45, EP Act 1993.	15 May 2015 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $15,840.
Ron Papillo Heaslip Road/ Gawler River Road, Angle Vale	16 October 2013 and 2 December 2013 Hinder and threaten authorised officers when exercising their powers under the EP Act 1993.	2 April 2015 Charge: One count of hindering authorised officers in the exercise of their powers, section 90(1)(a) of the EP Act 1993 and 2 counts of using abusive, threatening or insulting language towards authorised officers, section 90(1)(b), EP Act 1993. ERD Court. Convicted and fined $26,125. Ordered to pay prosecution costs of $1,500 and victim of crime levy of $160.
Lee Mu Tsai Investment Pty Ltd St Kilda Road, Waterloo Corner	Between 22 June 2012 and 10 July 2012 Discharge of contaminated wastewater from fish farm into storm water system and discharge of wastewater into an aquifer used for irrigation.	17 December 2014 Charge: One count of breaching EP (Waste to Resources Policy) 2010 and 2 counts of breaching EP (Water Quality Policy) 2003. ERD Court. Convicted and fined $33,000. Ordered to pay prosecution costs of $800 and victim of crime levy of $160.
Acquista Investments Pty Ltd & Veolia Environmental Services Australia Pty Ltd t/a Integrated Waste Services, Port Wakefield Road, Lower Light	28 August 2013 Alleged Incident. Breach of licence conditions by not covering waste at the close of each day’s operation with soil or other approved materials at waste depot located at Lower Light.	19 November 2014 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $11,781.
Stelios Kapoulitsas Magazine Road, Dry Creek	Between July 2011 and January 2012 Deposit of a controlled waste, namely asbestos, on land that was not licensed to receive such waste.	18 November 2014 Charge: 9 counts of breach of licence conditions, sections 45(5) and 127(1)(b) of the EP Act 1993. ERD Court. Convicted and fined $10,000. Ordered to pay prosecution costs of $800 and victim of crime levy of $160.
City of Onkaparinga	2 March 2012 Alleged incident. Discharge of 6 truckloads of waste, namely bitumen waste, at property on Louds Hill Road, Sellicks Hill. The bitumen was disposed of onto land adjacent to a creek. This unlawful disposal of waste is a breach of an Environment Protection Policy at section 34, the EP Act.	7 October 2014 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $20,313.
Central Adelaide Local Health Network Inc	1 June 2013 Alleged incident. Discharge of diesel entered the stormwater system between Woodville & West Lakes due to a malfunctioning return pipe on steam boiler at The Queen Elizabeth Hospital. This caused material environmental harm in section 80 of the EP Act 1993.	4 September 2014 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $42,656.25.
Nyrstar Port Pirie Pty Ltd	31 December 2013 Alleged Incident. Lead in air sampling at Port Pirie undertaken by Nyrstar was not to the required NATA standard which is a breach of a licence condition in section 45, EP Act 1993.	21 August 2014 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $21,000.
Gilbert Motors Pty Ltd	21 January 2012 Discharge of hydrocarbons into the stormwater system at Mount Barker.	28 January 2014 Charge: Breach of a mandatory provision of an Environment Protection Policy section 34(2), EP Act 1993 and clause 17(1)(a) of the Environment Protection (Water Quality) Policy 2003. Convicted and fined $1,200. Ordered to pay prosecution costs of $800 and victim of crime levy of $160.
Sinisia Turkovic	4 June 2013 Illegal dumping of asbestos waste into a skip bin on Main North Road, Para Hills West.	21 November 2013 Charge: Breach of a mandatory provision of an Environment Protection Policy section 34(2), EP Act 1993 and clause 10(1) of the Environment Protection (Waste to Resources) Policy 2010. Convicted and fined $15,000. Ordered to pay prosecution costs of $800 and victim of crime levy of $160.
Roger Walter Moore	12 August 2011 Disposal of 6,200 litres of grease trap waste upon land without the permission of the owner.	18 October 2013 Charge: Intentionally or recklessly contravened a mandatory provision of an Environment Protection Policy in section 34(1), EP Act 1993 and clause 10(1) of the Environment Protection (Waste to Resources) Policy 2010. ERD Court. Convicted and fined $3,000. Ordered to pay victim of crime levy of $160.
Prensa Pty Ltd	15 February 2012 Alleged incident. Failure to notify EPA of the existence of site contamination at the site or in the vicinity of the site that affects of threatens water occurring naturally under the ground or introduced to an aquifer or other area under ground due to the rupturing of an underground diesel storage tank at Toll Distribution, Vater Street, Dry Creek.	6 September 2013 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $13,986.
Stelios Kapoulitsas	Between 1 September 2011 and 7 March 2012 Breach of licence conditions by receipt of mixed waste, exceeding permitted amount of storage of raw and processed material, exceeding stockpile heights and operating a waste depot without an environmental authorisation whilst being a Director of Allstate Group Pty Ltd located at Magazine Road, Dry Creek	25 June 2013 Charge: 3 counts of breach of licence conditions, section 45(5), EP Act 1993 and 1 count of undertaking a prescribed activity without an environmental authorisation, section 36(1), EP Act 1993. ERD Court. Convicted and fined $7,500. Ordered to pay prosecution costs of $800 and victim of crime levy of $160.
Detlef Friedrichs	Between October 2009 and October 2010 Sale of non-compliant beverages contrary to Container Deposit Legislation.	8 June 2013 Charge: 11 counts of supplying a beverage in a container to a retailer for sale by the retailer without bearing the approved refund marking, section 69B(2)(a), EP Act 1993. ERD Court. Convicted and fined $5,400. Ordered to pay prosecution costs of $800 and victim of crime levy of $160.
District Council of the Copper Coast	Between 2003 and June 2011 Deposit of sewage into large pit known as the 'Keast Road Pit' at Moonta where material was reasonably likely to enter waters.	28 May 2013 Charge: Intentionally or recklessly contravened a mandatory provision of an Environment Protection Policy section 34(1), EP Act 1993 and clause 10(1) of the Environment Protection (Waste to Resources) Policy 2010. Convicted and fined $31,500. Ordered to pay prosecution costs of $800 and victim of crime levy of $260.
Abi Group Contractors Pty Ltd	2-3 September 2009 Alleged incident. Discharge of approximately 4.7 megalitres of turbid stormwater from northern sediment basin at Christie Road, Lonsdale (Adelaide Desalination Plant) into the waters of Gulf St Vincent due to unattended pump.	27 May 2013 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $23,852.50.
Future Entertainment Pty Ltd	14 March 2011 Alleged incident. Exceedence of agreed noise limits set by Adelaide City Council with organisers of the Future Music Festival held in the parklands and creating environmental nuisance.	1 February 2013 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $1,957.50.
United Water International Pty Ltd, Reliance Road Pumping Station, Hallett Cove	20 February 2011 Alleged incident. Discharge of 0.3 megalitres of untreated sewage from Reliance Road Pumping Station into local stormwater system which ultimately discharged onto beach at Hallett Cove as a result of pumps running out of fuel due to a power failure.	19 June 2012 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $2,175 imposed by the EPA.
United Water International Pty Ltd, Stebonheath Road, Penfield	3 June 2010 Alleged incident. Escape of approximately 1–2 megalitres of untreated sewage to an adjacent open stormwater culvert due to a collapsed sewer main.	13 June 2012 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $4,350 plus $434.90 technical costs imposed by the EPA.
Middleton Developments Pty Ltd	April 2009 Operating a waste depot without a licence at Section 164 Glenford Gully Road, Middleton.	7 June 2012 Charge: Operate a waste depot without an environmental authorisation, section 36(1), the EP Act 1993. ERD Court. Guilty plea. Convicted and fined $7,500.
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), 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), 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), 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 Alleged incident. 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 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $2,475 plus $4,070 technical costs imposed by the EPA.
Fibrelogic Pipe Systems, Chrysler Road, Lonsdale	15 April 2010 Alleged incident. Discharge of wastewater into stormwater system due to unlabelled and uncapped sewer pipe.	10 January 2011 This alleged contravention was matter with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $3,075 plus $285.95 technical costs imposed by the EPA.
United Water International Pty Ltd, Barossa Water Treatment Plant	13 and 14 February2007 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 Charge: Polluting the environment causing material environmental harm, section 80(2), EP Act 1993. 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 This matter dealt with by way of Court agreed civil penalty, section 104A, EP Act 1993. 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 Alleged incident. Fire onsite produced a large black plume of thick smoke that caused environmental nuisance.	23 April 2010 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount 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 Charge: Polluting the environment causing material environmental harm, section 80(2), EP Act 1993. 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 Charges: One count polluting the environment causing serious environmental harm, section 79(2), EP Act 1993. 9 counts contravening conditions of environmental authorisation, section 45(5), EP Act 1993. ERD Court. Guilty plea. Convicted and fined total of $460,000. Ordered also to pay prosecution costs of $800. 20 November 2009 Supreme Court. Mulhern’s appeal in respect to penalty. Appeal upheld. Ordered to pay $145,000 and prosecution costs of $800. 28 April 2010 Supreme Court (Full Court). Application upheld from the EPA to appeal decision of 20 November 2009. Convicted and ordered to pay $415,000.
Agribusiness Services Pty Ltd, Barossa Vines Rosedale Vineyards, Turretfield Road, Rosedale.	22 October 2007 Alleged incident. Illegal dumping of waste into dry creek bed at site of Barossa Vines Rosedale Vineyards, Turretfield Road, Rosedale.	27 February 2009 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount 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 Charge: Polluting the environment causing serious environmental harm, section 79(2), EP Act 1993. 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 Charge: Material environmental harm, section 80(2), EP Act 1993. 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 Charge: Breach of licence condition 3 counts, section 45(5), EP Act 1993. ERD Court. Guilty plea. Convicted and fined total of $36,000 plus $140 victims of crime levy.
The South Australian Brewing Company	December 2006 Alleged incident. 200 litres of beer that entered the Torrens River causing white scum and odour in the river causing environmental nuisance.	October 2007 This alleged contravention was dealt with by way of negotiated civil penalty (section 104A, EP Act 1993) in an amount of $3,750 imposed by the EPA.
Giorgio Stillisano	2006 Operating a waste depot without a licence.	6 November 2007 Charge: Undertake a prescribed activity of environmental significance without a licence, section 36, EP Act 1993. 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 Charge: Undertake a prescribed activity of environmental significance, section 36, EP Act 1993, namely, the collection and transportation of liquid waste from industrial premises, for a fee, and without authorisation in the form of a licence issued under the EP Act 1993. 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 Charge: Undertake a prescribed activity of environmental significance without a licence, section 36, EP Act 1993. 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 Charges: Breach a mandatory provision of the Water Quality Policy, section 34 (2), EP Act 1993. 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 Charges: Breach of licence condition, dection 45(5) and contravene an Environment Protection Order, section 93(8), EP Act 1993. 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 Charges: Breach of mandatory policy and failing to comply with Environment Protection Order. 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 8-year period.	3 February 2006 Charge: Breach of Licence condition, section 45(5), EP Act 1993. 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 Charge: Undertaking a prescribed activity of environmental significance, namely operating a waste depot without an environmental authorisation. Contrary to Section 36 of the EP Act 1993. 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 Charge: Undertaking a prescribed activity of environmental significance, namely operating a waste depot without an environmental authorisation, contrary to section 36, EP Act 1993. 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 Charge: Operation of Ionising Radiation Apparatus without a licence. Contrary to sections 31 and 46(1), Radiation Protection and Control Act 1982. 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 Charge: Operation of Ionising Radiation Apparatus without holding a licence. Contrary to section 31(1), Radiation Protection and Control Act 1982. 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 Charge: Breach of Licence conditions, section 45(5), EP Act 1993. 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 Charge: Cause serious harm recklessly, sections 79(1) and 127(1)(a), EP Act 1993. 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 Charges: Fail to comply with conditions of EPA authorisation 7 counts, sections 45(5) and 127(1)(a), EP Act 1993. 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 Charge: Conduct prescribed activity without authorisation, section 36, EP Act 1993. ERD Court. Guilty plea by both companies 31 May 2004. Both companies convicted. Chiltern Woods Pty Ltd fined $34,000 plus $6,000 costs.
South Australian Water Corporation	24 May 2002 Escape of sewage from burst main into Port Lincoln marina.	7 April 2004 Charge: Cause environmental nuisance, section 82, EP Act 1993. ERD Court. Guilty plea, fined $13,500 conviction recorded. Costs $4,054
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 Charge: Breach of licence conditions, section 45(5), EP Act 1993. ERD Court. Convicted and fined $31,996.
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 Charge: Failing to register an X-ray unit. Unlicensed person. Contrary to Radiation Protection & Control Act 1982. 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 Charge: Breach mandatory provision of the Environment Protection (Milking Shed Effluent) Policy 1997, section 34(1), EP Act 1993. 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 Alleged Charge: Cause environmental nuisance, section 82, EP Act 1993. 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 Charge: Breach mandatory policy, section 34(2), EP Act 1993. 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 Alleged Charge: Cause material harm, section 80(2), EP Act 1993. 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 Charge: 3 counts, breach of licence conditions, section 45(5), EP Act 1993. Offences relates to incidents December 2000, February 2001, June 2001. 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 Alleged charges: Causing material harm, section 80(2), EP Act 1993, and 3 breaches of licence conditions, section 45(5), EP Act 1993. 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 Alleged charges: Material harm, section 80(2), EP Act 1993 and 3 counts of breach of licence conditions, section 45(5), EP Act 1993. 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 Charge: Breach of licence condition, section 45(5), EP Act 1993. ERD Court. Guilty plea. Convicted and fined $13,650.
Brambles Australia Ltd, t/a Cleanaway, Wingfield	13 June 2000 Acid plume	13 May 2002 ERD Court. Found not guilty. 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 Charge: 1 count breach of licence condition, section 45(5), EP Act 1993. Relates to failure by the defendant to submit environmental improvement program by due date. 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 Charge: 2 counts breach of licence condition, section 45(5), EP Act 1993. 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 Charge: Cause environmental nuisance, section 82, EP Act 1993. 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 Charge: Cause material environmental harm, section 80(2), EP Act 1993. 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 Charge: Breach of licence conditions, section 45(5), EP Act 1993. ERD Court. Fined $2,000.
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 Charge: Discharge oil from apparatus, section 26 Pollution of Waters by Oil & Noxious Substances Act 1997. Christies Beach Magistrates Court. Fined $50,000. Costs $50,000.
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 Charge: Cause environmental nuisance, section 82, EP Act, 1993. ERD Court. Fined $18,750.
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 Charge: Cause material environmental harm, section 80(2), EP Act 1993. ERD Court. Fined $40,000.
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 Charges: Cause serious environmental harm, section 79(2); failure to report incident, section 83; and breach licence conditions, section 45(5), EP Act 1993. ERD Court. Fined total of $118,000 and $21,000 costs.
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 Charge: Cause environmental nuisance, section 82 and contravene condition environmental authorisation, Section 45(5), EP Act 1993. ERD Court. Fined: $20,000 on Count 1 for 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 Charge: Cause material environmental harm, section 80(2), EP Act 1993. ERD Court. Fined $24,000 plus costs $600.

Pollution of Marine Waters (Prevention of Pollution from Ships) Act 1987

Offender	Incident	Outcome
York Civil PtyLtd	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 Charge: Discharge oil or an oily mixture into state waters contrary to section 8(1), Pollution of Marine Waters (Prevention of Pollution from Ships) Act 1987. 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 Charge: Discharge oil or an oily mixture into state waters contrary to section 8(1), Pollution of Marine Waters (Prevention of Pollution from Ships) Act 1987. 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 Charge: Discharge oil or an oily mixture into state waters contrary to section 8(1), Pollution of Marine Waters (Prevention of Pollution from Ships) Act 1987. 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.

Name:
Email:
Phone:
Comments:
Captcha:

My list

Your list is empty!

Completed prosecutions & civil penalties

Environment Protection Act 1993

Pollution of Marine Waters (Prevention of Pollution from Ships) Act 1987

In this section

Information for...